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Shari'ah, Law, Islamic Finance and Muslim News
Monthly Archives: March 2012
March 29, 2012
DR. ZULKIFLI HASAN
Global Islamic finance assets reached $1.3 trillion in 2011 – report
Global Islamic finance assets reached $1.3 trillion in 2011 – report
Available at:
http://www.cpifinancial.net/news/post/13315/global-islamic-finance-assets-reached-1-3-trillion-in-2011-report
A new report from The CityUK’s UK Islamic Finance Secretariat (UKIFS) indicates that Islamic finance assets worldwide continued a long run of growth to reach an estimated $1.3 trillion in 2011, 150 per cent up over the previous five years. Despite political unrest in some countries the industry has continued to expand, not only in its core markets of the Middle East but also in South East Asia and offshore jurisdictions such as Bermuda.
Islamic funds, for example, reached a new high of $58 billion in 2010, with the available pool about ten times larger at over $500 billion. Even so, competition is fierce, with average management fees worldwide down from 1.5 per cent in 2006 to 1.0 per cent in 2011.
Keith Phillips, Executive Director, UKIFS, comments, “Our report once again shows that the UK continues to maintain its position as the leading Western provider of Islamic finance with assets of $19 billion.

“The UK also benefited from a globally buoyant sukuk market in 2011, with issuance up 60 per cent to $84 billionn. This was reflected in ten new sukuk listings on the London Stock Exchange’s markets in 2011 and two in early 2012. There are now 37 sukuk with a combined value of $20 billion listed on the London Stock Exchange’s markets. Additionally, seven exchange traded funds and two exchange traded products are also listed on these markets.”
In the UK, banks, sukuk issuance and exchange traded products are buttressed by the strong infrastructure of professional support for Islamic finance deals and transactions. This includes over 25 major law firms and the largest four professional services’ firms, and this has yet to be seriously rivalled by any other European financial centre.
The UK is also making an increasing contribution to the development of Islamic finance education and skills with four professional institutions and 10 universities and business schools offering qualifications. These include the Chartered Institute of Management Accountants, CassBusinessSchool, the University of East London and DurhamUniversity. With shari’ah-compliant finance utilised for the redevelopment of Chelsea Barracks and the construction of the Shard of Glass in London, Islamic finance also has a crucial role to play in infrastructure development in the UK.
Considerable potential exists for expansion of the industry worldwide, although appropriate legal and regulatory structures are crucial for its development in individual countries. The work that is now being undertaken through UKIFS with its six practitioner-led workstreams covering topics from wholesale banking to skills is looking to address these issues by creating more efficient structures and processes and applying greater innovation to drive market development.
Regards

ZULKIFLI HASAN
Dubai Desert, with my good friends from South Africa and Singapore
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March 28, 2012
DR. ZULKIFLI HASAN
Morocco eyes first Islamic bank launch in 2013
Morocco eyes first Islamic bank launch in 2013
Available at:
http://www.brecorder.com/money-a-banking/198/1169744/
Foreign Islamic banks will be allowed to take up to 49 percent of Morocco’s first fully-fledged Islamic bank in 2013, as the country aims to become a regional financial hub, a government minister said on Monday.
The government will submit to parliament a draft bill with a set of regulations for the introduction of Islamic finance products in the country within the next few weeks, General Affairs and Governance minister, Najib Boulif, told Reuters.
“We expect parliament to approve the bill before the end of this year.
The current plan is to allow a gradual introduction of Islamic banks to preserve the competitiveness of existing (conventional) banks,” said Boulif.
The draft bill will be added as a chapter to the country’s Banking Law, providing a set of regulations on all Islamic finance products which specialised lenders will be able to offer from Morocco, Boulif said.

It is the first time that the Moroccan government, led since December by the moderate Islamist Justice and Development Party (PJD) has detailed how it intends to develop Islamic finance in the country of 34 million.
Morocco does not allow fully-fledged Islamic institutions but started in 2010 allowing conventional banks to offer a limited set of Islamic financial services products although customers complain they are subject to higher fees than conventional banking products.

So far only AttijariWafa, the country’s biggest bank which is indirectly controlled by a holding company owned by Morocco’s ruling monarchy, offers four such services based on Murabaha financing but only for personal finance.
Immediately after parliament approves the law, Moroccan authorities will allow local banks and foreign Islamic banks to set up the first Morocco-based Islamic lender, Boulif said.

“Local banks will be allowed to take at least 51 percent of its capital and as much as 49 percent will go to foreign Islamic lenders.
There is a very strong demand from abroad for such a project,” said Boulif, himself a member of the PJD.
Traders in Casablanca cite Qatar’s International Islamic Bank as one of the likeliest foreign Islamic banks to want a foothold in Morocco.

“We thought it is best to start with one Islamic finance institution as we wish to assess closely the experience to ensure its success.
If it proves to be a success within six months, then nothing should stop us from authorising more Islamic lenders,” added Boulif.
In allowing fully-fledged Islamic finance institutions to operate in Morocco, Rabat aims to overcome what has become a chronic shortage of liquidity, speed up economic growth and help its ambitions to develop a regional finance hub in Casablanca.

“Our economy is in desperate need for a push to help it jump to an economic growth pattern above the (annual) 4 percent we have had in recent years,” said Boulif.
When in opposition PJD legislators had said the development of a fully-fledged Islamic finance system in Morocco would add 2 percentage points to annual GDP growth.
“Morocco is struggling with liquidity shortage that forces the central bank to inject between 30 and 35 billion dirhams each week (into the banking system).
This shortage hurts the financing of investment and impacts lending growth,” Boulif said.

Morocco is also working on a developing a regional financial hub known as the Casablanca Finance City with a view to winning business with other countries in the north and west of Africa.
“We are keen to capitalise on the stability we enjoy here to turn Morocco into a regional Islamic finance platform,” Boulif said, adding however that Tunisia and Libya may also harbour similar ambitions.
Regards

ZULKIFLI HASAN
University of Wales, Lamperter
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March 27, 2012
DR. ZULKIFLI HASAN
Islamophobia: Myth or Reality
Islamophobia: Myth or Reality
I would like to share my recent presentation on the issue of Islamophobia at Pusat Islam, Kuala Lumpur to staff of Islamic Religious Council of Federal Territories and representatives of the non-governmental organizations. It is important to note that the OIC has already initiated the establishment of the OIC Islamophobia Observatory Report to specifically monitor, promote and create awareness on the issue of Islamophobia. The First Annual Report on Islamophobia by the OIC Observatory was issued in May 2007 to May 2008 followed by the Second Annual Report in June 2008 to April 2009, the Third Annual Report in May 2009 to April 2010 and the Fourth Annual Report in June 2008 to April 2009 May 2010 to April 2011.
For further reading, click here:
Islamophobia: Myth or Reality
Islamophobia as a world view involving an unfounded dread or hatred of Islam and the subsequent fear and dislike of all Muslims. It also refers to the phenomenon as practice of discriminating against Muslims by excluding them from social, political and economic life.(The Runnymede Trust)
The effects of Islamophobia can be several and it impinges on micro, meso and macro levels of the society. Consequently, these effects inflict economical as well as social difficulties against people and nations. Foremost, The Runnymede Trust accentuate a systemi disadvantage where this could stand in relation to everyday attacks on Muslims as they can be spat on, mental and physically harassed, molested, abused and so forth based on a Islamophobic motives
Regards

ZULKIFLI HASAN
With Yvonne Ridley, a British journalist and human right activist, former Taliban captive and finally reverted to Islam.
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March 26, 2012
DR. ZULKIFLI HASAN
What Can We Learn From Islamic Finance?
What Can We Learn From Islamic Finance?
Otaviano Canuto Vice President, Poverty Reduction, World Bank

Available at:
http://www.huffingtonpost.com/otaviano-canuto/what-can-we-learn-from-is_b_1373040.html
In over 70 countries, from financial centers in Malaysia to the Middle East, Islamic finance has been growing rapidly around the world. In fact, Shariah-compliant financial assets have increased from about US$5 billion in the late 1980s to about US$1 trillion in 2010. Even more impressive is that this class of financial instruments appears to have avoided many of the worst effects of the recent crisis, making it an increasingly attractive investment vehicle.
Given its rapid growth and relative stability, are there lessons we can garner from Islamic finance? Three years after the onset of the global financial crisis as regulators are still grappling with how to deal with predatory lending practices, opaque derivatives, and overly leveraged financial institutions can Shariah-compliant finance challenge our notion of conventional banking?
Perhaps it can. By and large, Islamic finance relies on the core principles of Islam concerning property rights, social and economic justice, wealth distribution, and governance. Two of its main tenants are the prohibition of interest on debt in any form and the removal of ambiguous contracts to enhance disclosure and proscribe deception. Among its other key precepts is a commitment to back all financial contracts by assets and activities in the real economy, as well as an emphasis on the principles of morality and ethics in conducting business.
According to the most recent Economic Premise, authored by World Bank Managing Director Mahmoud Mohieldin, these underpinnings have generally helped Islamic banks escape some of the worst effects of the 2008 financial crisis. To be sure, Mohieldin notes that “The recent financial crisis affected the asset quality of conventional banks adversely. In contrast, as shown in recent research, Islamic banks had higher asset quality, were better capitalized, and more likely to continue their financial intermediation role during crises than their conventional counterparts.” As they were not exposed to subprime and toxic assets and had instead maintained a close connection to the real sector, only when the real economy contracted and real estate prices dropped did Islamic financial institutions begin to feel the second round effects of the crisis.
Yet as Islamic finance continues to grow, some challenges still need to be met. For example, the Economic Premise notes that many aspects of Islamic finance suffer from emulation and reengineering of conventional instruments, which result in inefficiencies and higher transaction costs. In addition, challenges associated with Basel III core capital requirements — which place Islamic financial institutions at a disadvantage need to be addressed. By dealing with these and other issues, Islamic finance could increasingly meet the preferences of local cultures, augment financial inclusion and intermediation, and contribute to financial stability and development in the years ahead.
Regards

ZULKIFLI HASAN
Sultan Qaboos Mosque, Muscat, Oman
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March 23, 2012
DR. ZULKIFLI HASAN
Arab Spring leaves fertile ground for growth of Islamic finance
Arab Spring leaves fertile ground for growth of Islamic finance
By Charlotte Kan Available at:
http://www.zawya.com/story.cfm/sidZAWYA20120322043907/A_Shariah_Spring
In the countries swept by the Arab Spring, recent elections were dominated by Islamist parties. This will further encourage the development of the Islamic finance market, experts believe.
“The recent free elections in a number of the affected countries have shown a desire by the people to organise their financial affairs in a manner that reflects their religious beliefs,” notes Tariq Hameed, managing associate at Simmons & Simmons in Dubai.
In a report entitled “Blue Print for Islamic Finance Following the Arab Spring” published in February 2012, Hameed notes that the parties winning the most seats in the recent elections in Tunisia, Morocco, Egypt and Libya have all stated their support for Islamic finance.
“The countries affected by the Arab Spring will be expected to deliver economic solutions that directly affect the people that recently voted for them,” he argues.
Apart from the desire of the population to move towards a more religious society, there are several reasons why Islamic finance should proliferate in the countries that witnessed the protests of the Arab Spring.
First: the current lack of banking facilities.
A 2010 study by Dr Dhafer Saidane for the United Nations notes the proportion of people with access to banking services in some North African countries is extremely low – approximately 25% in Morocco and 33% in Tunisia.
Hameed notes only 10% of Egyptians have access to a bank. “There was a lack of offerings,” he says. “Many didn’t engage with the conventional banking system.”
For the new governments ready to introduce their people into the financial system, Islamic banking therefore represents an attractive alternative to the ‘conventional’, distrusted Western banking system.
“Introducing Shariah-compliant current and savings accounts would therefore be important to draw people into the financial system,” Hameed says.
In Tunisia, the country where the Arab Spring movement allegedly started in December 2010 in the wake of Mohamed Bouazizi’s self-immolation in protest of police corruption and ill treatment, steps have already been taken to develop Islamic banking and finance.
In its Finance Act 2012, Nahda, the Islamist party which has claimed victory in Tunisia’s October 2011 elections, has incorporated several changes to facilitate the spread of Islamic finance practices, including a special taxation framework for Islamic banking and the introduction of a regulatory framework for Islamic bonds.
The Tunisian government not only supports the development of Islamic finance, but also sees it as a tool to turn the country into a finance hub in North Africa.
In reality, the industry in the region is up for grabs. Islamic finance has so far failed to take off in North Africa, which currently has less than a 1% share of global Islamic banking assets, according to a report by consultancy McKinsey.
“There are three factors that account for the relative underdevelopment of Islamic banking in North Africa; first the limited development of retail banking generally; second the lack of knowledge of Islamic banking amongst potential clients; and third the absence of (the former) government support,” said the African Development Bank in a report on Islamic Banking and Finance in North Africa published late last year.
So with governments across North Africa now openly supporting Islamic Finance, this is likely to change.
Away from retail and commercial banking, one opportunity could come from the development in Islamic microfinance offerings, Hameed notes, as institutions will have to serve demand from rural communities and micro-enterprises.
“The same institution could also provide the community with Islamic micro-insurance (micro-Takaful) to help low-income families to protect against health risks and micro enterprises to protect against property risks,” Hameed adds.
Islamic finance could also provide an answer to the need for infrastructure projects, with successful Islamic financing of infrastructure projects already in existence in Bahrain, Saudi Arabia and Bangladesh, Hameed notes.
“Islamic finance can play a prime role in financing big projects in North Africa that require large investments and significant borrowing volumes,” said Tunisia’s former finance minister, Jalloul Ayed, during a July 2011 summit on Islamic finance opportunities in North Africa.
Tunisia itself has financing needs of around USD 40 billion over the next five years, Ayed said, and could soon create a sovereign fund called “Fund for the Generations”.
There is a substantial need for project finance in North Africa given the poor state of much of the region’s infrastructure. Existing Islamic project financing covering 24 schemes in North Africa worth over USD 2.4 billion has already been approved, according to the African Bank for Development.
The newly elected governments of Arab Spring countries know too well that investing in infrastructure and real estate – in particular, affordable housing, of which there is a severe shortage in North Africa, thus fueling growth and creating jobs – is the only to stabilize the region politically and enhance social cohesion.
Many experts believe Egypt will pave the way for the industry’s expansion in the region.
“Egypt will be a great force in steering Islamic finance in a different direction. We will see the development of new products as the market which Islamic finance will serve is a different clientele, and will be needed to solve different problems. Al Azhar University in Cairo should play a role in developing Islamic finance in the country,” argues Sahar Ata, a senior lecturer in Islamic finance at the London School of Business and Finance.
Egypt, the most populous state in the region, already has the highest proportion of Shariah-compliant assets in relation to total bank assets (around 5%). The country is “where Islamic finance has the greatest potential”, the African Development Bank said.
However, despite promising prospects, there remain challenges for the Islamic finance industry before the potential of these markets can be reaped, Hameed believes. Strengthening of consumer protection laws, clarifying governance, and establishing central Shariah boards for finance will have to be addressed, he argues.
Regards

ZULKIFLI HASAN
Trafalgar Square, London
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BLOG OF KNOWLEDGE (Shari'ah, Law, Islamic Finance and Muslim News)
Shari'ah, Law, Islamic Finance and Muslim News
November 24, 2011
DR. ZULKIFLI HASAN
Recep Tayyip Erdogan: Rock Star in the Muslim World
TIME Meets Turkish Prime Minister Recep Tayyip Erdogan
Available at:
http://globalspin.blogs.time.com/2011/09/26/exclusive-time-meets-turkish-prime-minister-recep-tayyip-erdogan/#ixzz1ebvkKPxn
Turkish Prime Minister Recep Tayyip Erdogan is the international statesman of the moment. Greeted as a rock star in Egypt and other countries transformed by the Arab Spring, the Turkish Premier looms like a colossus over the Middle East. In recent weeks, he has been one of the most vocal world leaders to back the Palestinian statehood bid at the United Nations. Popular at home, Erdogan has held his position since 2003, and was recently re-elected to a new term. All the while, both Turkey’s economy and geopolitical footprint have been growing noticeably. Erdogan sat down with TIME’s Jim Frederick, Bobby Ghosh, Tony Karon, Matt McAllester and Ishaan Tharoor on the sidelines of U.N. meetings in New York City. The following are excerpts from the conversation, touching upon Turkey’s deteriorating relationship with Israel, the failures of the Middle East peace process, Erdogan’s support for the Arab Spring and frustrations with the U.N., and whether anybody in Ankara still cares about joining the E.U.
TIME: You’ve been outspoken in support of the Palestinian cause and statehood. There are people who say all the drama at the U.N. has not helped the peace process. How do you think it has gone?
Erdogan: First and foremost, what is required is for the U.N. Security Council to say yes to the legitimate demands of the people in Palestine. If anything else should be discussed at this moment, it should be between two states. And there’s another fact we need to consider, primarily the borders of 1967. Israel first seems to have accepted going back to the borders of 1967, but somehow seemed to have got distanced from this ideal. They need to get closer back to it. Palestine is in a form of a maze right now.
Through TIME, I’d like to make a call out to humanity: [The Palestinians] are there to exist. They are not there to be condemned to struggle in an open-air penitentiary. Israel’s cruelty in that regard cannot be continued any longer. And, of course, the legitimate demands for Palestine to be a recognized state should be catered to and considered both in the U.N. Security Council and General Assembly. Those who approach these demands negatively will never be able to settle their accounts with history.
Four, five years ago, it seemed that relations between Turkey and Israel were very close and could change the dynamic of the whole region. Now ties appear to be irrevocably broken.
Our mutual relations with Israel would have been reinforced even further only if Israel hadn’t victimized the positive relations of two countries with [its 2010 raid] on the Mavi Marmara, which was navigating in international waters. The flotillas in question were bearing nothing but humanitarian aid, including toys, food and other sorts of materials. They were holding over 450 citizens from 32 countries. One of the casualties is an American citizen of Turkish descent. And right now the Israeli Prime Minister still alleges that the flotillas were actually loaded with weapons. Had they possessed the weapons that were alleged, why didn’t they fire back? There are reports issued by both the U.N. Security Council and U.N. agencies in Geneva about this incident, and you never see the slightest trace that the flotillas were carrying guns. The Israeli government is not being honest at all. Right now, as long as they refuse to apologize for the nine people of Turkish descent who lost their lives on the flotilla, so long as they refuse to pay compensation to the families, and of course as long as the embargo on Gaza has not been lifted, the relations between the two countries will never become normalized.
You and French President Nicolas Sarkozy both made the point at the U.N. General Assembly that the approach the U.S. took to the peace process had failed. What would you do differently to make the peace process work?
Here’s your headline: You need to take a sincerity test before you even think of accomplishing this. [Ask yourselves the question], Do we really want to resolve this issue or not? Unfortunately, I do not even see the traces of this within the Quartet. Because if the Quartet was so willing to resolve this issue, they would have imposed certain issues on Israel today. Until today, the U.N. Security Council has issued more than 89 resolutions on prospective sanctions related to Israel, but they’ve never been executed. And furthermore, there were about 200 resolutions issued by the General Assembly, and neither have those been complied with.
One might wonder why no sanctions have been imposed on Israel. When it’s Iran in question, you impose sanctions. Similarly with Sudan. What happens with Israel then? Had these sanctions been imposed in this day and age, the Palestine-Israel conflict would have been resolved a long time ago. That’s why I’d like all the parties involved to be sincere and stand behind those resolutions. And that is actually also where a need for reform is needed in the U.N. What’s the deal with these permanent-seat-holding members in the Security Council? They should be eliminated. The entire world is literally a slave to the decisions of these five permanent seat holders.
You had a successful trip across the countries of the Arab Spring and many of the people who have removed dictators there seem to look to the Turkish model of democracy. Does your help then become subject to the same types of criticism that the U.S. faces when talking about democratic change around the world?
Unlike others, I didn’t just go there to see a few people on the streets. I intentionally wanted to talk to the candidate presidents, the new political parties there, and I had the opportunity to get together with lots of people in order to grasp the situation. At my meetings, I said, all right, Turkey is a model of democracy, a secular state, a social state with the rule of law upheld. We are not intentionally trying to export a regime — we couldn’t care less. But if they want our help, we’ll provide any assistance they need. But we do not have a mentality of exporting our system.
One country that doesn’t seem to be inclined to follow the Turkish model is Syria. Like with Israel, you worked very hard trying to develop your relationship with President Bashar Assad. Now it appears that relationship is also broken. Is there any kind of prospect for peace in Syria that keeps Assad in power. Or does he have to go?
I am a person who is inclined to define relations between individuals based on principles. It is impossible to preserve my friendship with people who are allegedly leaders when they are attacking their own people, shooting at them, using tanks and other forms of heavy weaponry. Even when we had warm contacts with some of Syria’s leading figures, we could see that they had no intention of replicating our democracy model. We’ve always voiced our recommendations; they never actually listened to them. In our previous correspondences, he has told me has liberated most of the political offenders. Assad told me “we only have about 83 political offenders in prison.” But actually there are thousands and thousands. Those individuals have never been involved in violent attacks or uprisings. They’ve been unfortunately incarcerated based on their faith or their expressions. And you are probably aware of the fact that we have about 7000 guests [refugees] fleeing the Syrian regime hosted in the province of Hatay.
But you didn’t answer our question. Is there a future for Assad in Syria?
In order for me to be able to comment on this, I need to first visit the camps in Hatay where the refugees are being kept. But in terms of aspirations and hopes, I have previously stated that I am not very optimistic.
Regarding Turkish relations with the U.S., has there be any change over the last few years, particularly with the new administration?
In the last nine years, relations between the U.S. and Turkey have never recessed, never gone back, but they have not improved as much as we’d like. The relationship especially between Obama and us has always been very positive. Whenever we speak to each other, we talk about negotiations of certain processes whether in the region or more globally — we always talk about matters quite frankly. But of course what we want to see is relations getting reinforced at the upmost extent possible, particularly in the realms of the economy and commerce. Because Turkey has great potential to take advantage of.  We’re really willing to see more and more U.S. entrepreneurs conducting investments in Turkey. I’m optimistic for the future. I should tell you honestly, there are no tensions between us.
What about over Israel?
There might be different points of view. We agree to disagree on certain issues. But these disagreements are not reasons for disconnecting relations. Turkey is a sovereign state, just like the U.S. We might go to different directions, in terms of our impressions and ideas, but we’ll always remain friends.
As Turkey’s role in the Middle East has grown, has it given up on its earlier ambition of joining the E.U.? Is integration into Europe now a closed chapter?
When [former French President Jacques] Chirac or [former German Chancellor Gerhard] Schroder were there, Turkey would be involved in all of the European leaders’ summits. But when [current Chancellor Angela] Merkel or [French President Nicolas] Sarkozy took over their offices, the ambience changed dramatically. Despite their attitudes, we were determined to continue this path toward E.U. membership. But unfortunately the trust among my people in E.U. membership started to shake and turn. We’re still determined, because no leader in the E.U. will be there forever. They’ll be replaced one day. We might be replaced one day. But Turkey is getting stronger as time goes by, and the situation of many European states is quite obvious.
Regards

ZULKIFLI HASAN
The Tomb of Hadrat Ayub al Ansari in Istanbul. (From Medina to Istanbul.

“When Prophet Muhammad arrived in Medina (during Hijrah) he was offered accommodations by many, but he wished to stay with the Banu Najjar, whom he was distantly related to. Amongst the member of Banu Najjar, Prophet Muhammad had chosen Abu Ayyub al-Ansari and stayed with him for seven months”.
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BLOG OF KNOWLEDGE (Shari'ah, Law, Islamic Finance and Muslim News)
Shari'ah, Law, Islamic Finance and Muslim News
Monthly Archives: April 2014
April 15, 2014
DR. ZULKIFLI HASAN
Saudi ‘cultural vandalism’ of Muslim heritage continues
Saudi ‘cultural vandalism’ of Muslim heritage continues
Hanan Chehata Available at:
http://www.middleeasteye.net/culture/saudi-cultural-vandalism-muslim-heritage-continues
Sites associated with the life of prophet Muhammad have been close to the hearts of all Muslims for almost one and a half millennia. Over the centuries, rule over these sites has passed through numerous hands, including the Ummayads, Abassids and Ottomans. They are currently under the control of the Saudi royal family, under the self-appointed title “Custodian of the Two Holy Mosques”. This is not just an honorific title but one of substantive authority. It is the Saudis who control which of the 1.6 billion Muslims worldwide are permitted or denied entry for the annual pilgrimage of Hajj.
Despite this title as custodians, the estimated 3.7 mn internationals that flock to Arabia each year for the annual Muslim pilgrimage of Hajj may be hard pressed to find clear evidence of what is traditionally thought of as guardianship. Instead of preserving and protecting holy sites, which the Saudi authorities themselves call a “sacred trust”, critics say they are guilty of “cultural vandalism” there.
The Washington based Institute for Gulf Affairs estimates that 95% of Mecca’s millennium-old buildings have been demolished in the past two decades. The one-time desert region now has a skyline, not lit by stars, but by gaudy luxury hotels and flashy shopping malls hosting the likes of McDonalds, Starbucks, Baskin Robbins, and several Paris Hilton boutiques.
Pilgrims who have scrimped and saved for a once in a lifetime spiritual journey to the heartland of Islamic history and want, for example, to visit the site of the home of Muhammad’s first wife Khadijah will now find a block of 1,400 public toilets in the place where her home once stood. In place of the mosque of Abu Bakr – the first Caliph of Islam – they will now find a cash point. Cemeteries dating back over 1,000 years have been razed. Mountains have been crushed just to make way for car parks.
Global criticism has been muted to a large degree by fears that challenging the Saudi authorities would lead them to exert their control over the visa process; a risk not many Muslims are willing to take. Saudi Arabia also controls country quotas, i.e. how many pilgrims from each country can be admitted each year, leading to scant criticism at a government level.
Occasionally though there is vocal international condemnation of Saudi’s razing of Islamic heritage sites. In 2003, for example, an ancient Ottoman fortress that once guarded Mecca from attack and which dated back over 200 years was completely demolished only to be replaced with a giant 601 metre Mecca Royal Hotel Clock Tower – the third tallest building in the world. This did not go unnoticed and the Turkish Minister of Culture strongly condemned the destruction of the Ecyad Castle stating “I condemn the pulling down of Ecyad Castle as an act of barbarism.” He said, “Speaking on behalf of the Turkish State and Nation, after such destruction, it seems difficult to consider Saudi Arabia in a friendly light. This is not only disrespect to history, but is also a move to eliminate Turkish culture from their world and history.” However, while it may be the case that there is some sort of nationalistic element behind removing evidence of other cultures from their land, there is certainly much more to it than that.
From a Saudi perspective, the changes are all necessary. Prince Khaled Al-Faisal has dismissed criticisms and defended the developments saying “Of all the countries that have ruled Makkah, Saudi Arabia has undertaken the greatest reforms in the city. The expansion projects are conducted in a modern and sophisticated manner.” The Saudis claim that the multi-billion dollar expansion projects they are working on (including at least $6 bn to expand the Prophet’s mosque in Medina, $21 bn to expand the mosque in Mecca as well as $16.5 bn to modernise the transport system in Mecca) are necessary to accommodate the increasing number of pilgrims who flock to the region every year, and there is certainly some validity to that point. In terms of health and safety alone it is significant that more than two thousand people have been killed in stampedes due to overcrowding in the last couple of decades. Modernisation is clearly called for.
Not even Saudi’s staunchest detractors deny that expansion and development is needed but the expansion could easily be done in a way that also accommodates the preservation of ancient sites. Dr Irfan Al-Alawi, the Executive Director of the Islamic Heritage Research Foundation, a centre dedicated to the preservation of historical sites in Saudi, says “We do not deny that expansion is needed but there are ways they could expand while still preserving the historic sites. They could even move some of the buildings, hotels and so on just a mile further away into the desert area.”
One of the explanations as to why they do not do that is simple economics. The religious tourism industry is substantial with $16.5 bn in revenues in 2012 alone.  According to Al-Arabiya, Mecca is one of, if not the most expensive areas of real estate in the world with the price of one square metre able to sell for well over $100,000. A royal suite in one of the Abraj al-Bait hotels can cost over $5,880 for a single night. That is quite a motivation when weighing up economics versus preserving an ancient burial plot or a centuries-old mosque.
There also seems to be a religious agenda behind the façade of modernity and development. Experts like Dr Al-Alawi directly blames the austere brand of “wahabism” that many Saudis adhere to as the motivating factor behind the destruction of historic sites. He argues that it is their fear of people committing shirk – associating anything or anyone with God – that is the driving force behind the destruction. While all Muslims consider shirk a sin, it seems the Saudis are taking their interpretation so far that they are trying to wipe out any place of historical significance that people might potentially attribute holy status to beyond those clearly set out in the Quran.
A prime example is the site where prophet Muhammad is believed to have possibly been born. At one point it was turned into a cattle market, then a library in the 1950s, and the Saudis are now on course to tear that library down, excavate the site and build part of the expanded palace, or Imam’s residence in its place. In fact, almost as if to pre-empt and quell any outrage in advance they have put up a sign at the location stating: “There is no proof that Prophet Muhammad was born in this place, so it is forbidden to make this place specific for praying, supplicating or get blessing.”
Religious figures in Saudi are cementing the status quo by not speaking out and on the contrary supporting expansion despite its impact on heritage sites. A case in point would be Saudi’s Grand Mufti Sheikh Abdul Aziz Bin Abdullah al-Sheikh who has not only commended efforts to expand the mosques but have said that people should thank the government for the expansion projects.
Islamic historians like Dr Irfan Al-Alawi emphasise that international pressure is an important way to halt further destruction. According to him, several times in the past the municipality have changed their plans to demolish one historic structure or another as a result of negative international publicity. He called for people to keep up the momentum of complaining when Islamic heritage sites are at risk.
When asked why people are not doing more to prevent this cultural vandalism, as he calls it, Dr Al Alawi said “Muslims should have reacted to this years ago, but now we have incompetent people who lack the knowledge and experience to comment on the destruction.”
It seems that if any other group was responsible for wiping out 95% of historical sites in a city considered to be as holy as Mecca is to Muslims, there would be widespread international condemnation. Whether it is fear, economics, an austere interpretation of Islamic teachings or anything else motivating this silence, it is already too late for many historically and religiously significant sites and artefacts in Mecca and Medina to be saved.
People are already mockingly referring to Mecca as a new Las Vegas. If Muslims want to retain any of the spiritual and religious integrity of their Islamic heritage sites, they need to start acting now before it really is too late.
Regards

Zulkifli Hasan
Masjid al Nabawi
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April 11, 2014
DR. ZULKIFLI HASAN
In search of the perceptions of the Shari’ah scholars on Shari’ah governance system
Salam,
My recent article published in the International Journal of Islamic and Middle Eastern Finance and Management ” (2014) Volume 7 Issue 1 entitled “In search of the perceptions of the Shari’ah scholars on Shari’ah governance system”.
Available at:
http://www.emeraldinsight.com/journals.htm?issn=1753-8394&volume=7&issue=1&articleid=17108405&show=pdf
Document Information:

Title:	In search of the perceptions of the Shari’ah scholars on Shari’ah governance system

Author(s):	Zulkifli Hasan, (Islamic Science University of Malaysia)

Citation:	Zulkifli Hasan, (2014) “In search of the perceptions of the Shari’ah scholars on Shari’ah governance system”, International Journal of Islamic and Middle Eastern Finance and Management, Vol. 7 Iss: 1

Article type:	Research paper

Publisher:	Emerald Group Publishing Limited

Abstract:

Purpose – This article examines the Shari’ah scholars’ perception on Shari’ah governance system in Islamic financial institutions (IFIs) particularly to six its major areas namely issues of Shari’ah governance, internal framework, roles and functions of Shari’ah board, attributes of Shari’ah board members on independence, competency and transparency, and confidentiality, operational procedures and assessment of the Shari’ah board’s performance
Design/methodology/approach – The study conducted semi-structured interviews with Shari’ah scholars who are members of the Shari’ah boards in various IFIs. All interview questions were generated, structured and arranged in a way that all the data could be analysed easily through a coding and thematic approach.
Findings – The study discovers the different points of view demonstrated by the Shari’ah scholars who were interviewed on several issues and they have also conceded that there are serious gaps and weaknesses prevalent in all the six major areas of Shari’ah governance. This position acknowledges that there are shortcomings and weaknesses to the existing governance framework which needs further enhancement and improvement.
Practical implications – The study offers a useful source of information that may provide relevant guidelines to policymakers and practitioners for future development of Shari’ah governance practices in IFIs.
Originality/value – The study provides fresh data and significant information pertaining to the Shari’ah scholars’ perspective on Shari’ah governance system. This analysis on the various opinions of Shari’ah scholars on the aspect of Shari’ah governance system can also serve as an additional literature on the topic.
Regards

Zulkifli Hasan
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