Mohd Hisham Mohd Kamal
Biographic Data
| ID | 6793050 |
|---|---|
| NAME | Mohd Hisham Mohd Kamal |
| GIVEN NAMES | Mohd Hisham Mohd |
| FAMILY NAME | Kamal |
| SIGNATURE | KAMAL M H M |
| AFFILIATIONS | International Islamic University Malaysia |
| ORCID | 0000-0003-1320-4718 |
| VERIFIED | Yes |
| TOTAL WORKS | 7 |
| TOTAL CITATIONS | 0 |
| AUTHOR COUNT | 7 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2015 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 0 |
Legal Principles in the Constitution of Madīnah: Bases From the Qur’ān
This article discusses some constitutional legal principles in the Constitution of Madīnah and identifies the Qur’ānic bases for these principles. The principles include ummah, territorial integrity, jihād, obedience to the Messenger (s.a.w.), consultation, goodness, right to life, equality and freedom of religion. For this purpose, the Constitution is analysed through doctrinal research, while the times or the causes of the revelation of the rel…
Harmonisation of Shari‘ah and International Law in Treaty Making, Treaty Ratification and International Norm Creation
This article discusses the progress and achievements in harmonisation of Shari‘ah and international law in the processes of treaty making, treaty ratification and norm creation. This article focuses only on several treaties and declarations. Some of these instruments were drafted in the aftermath of World War II, and the other category is mainly international human rights law instruments. This research analyses the drafting history of the treatie…
Dispute Settlement Mechanisms Under the United Nations Convention on the Law of the Sea 1982: The Way Forward for Maldives
The maritime boundary delimitation judgment by the International Tribunal for the Law of the Sea between Mauritius and the Maldives was the first Maldivian dispute settled at an international court or tribunal. Regrettably, misinterpretation and misinformation regarding international laws and the Maldivian domestic laws related to the dispute became prevalent among the Maldivian community. One of the core concerns that need to be addressed is how…
An Islamic Perspective on the Rule of Law
The rule of law means the government must operate based on the principles of law. The rule of law is significant for good governance and sustainable development. For this reason, all States need to improve this aspect in their governments. Muslim States may need motivation from the religion itself, and in order to cater to this need, this article discusses the rule of law based on the Islamic sources of reference, including verses of the Qur’ān, …
Superior Responsibility Under the Rome Statute and Its Applicability to Constitutional Monarchy: An Appraisal
The doctrine of superior responsibility has been embedded in Article 28 of the Rome Statute of the International Criminal Court, which enunciates the responsibility of both military commanders and civilian superiors. Although constitutional monarchs are civilians entrusted with the position of commanders in chief, there are States that opposed accession to the Rome Statute on the simple ground that their respective monarchs could be indicted and …
The Western Universalism v. Cultural Relativism Debate on Human Rights and Islam: An ‘Aqīdah-Based Approach
The human rights discourse of (Western) universalism versus cultural relativism in international law becomes interesting when Islam is put into the equation. Scholars incline to either side of the debate while trying to have something in between to bridge the differences. This article uses a literature doctrinal method and does not use the 'third-person view' used by most scholars. Rather, this article uses an 'aqdah approach to analyze the chall…
Is neutral humanitarian action permissible under Islamic law
In this Opinion Note, Mohd Hisham Mohd Kamal examines neutral humanitarian action during armed conflicts from an Islamic perspective. By analyzing the Qur'an and the Sunnah , he finds that it is permissible to recognize a neutral third party. Moreover, Mohd Hisham Mohd Kamal considers siyasah al-Shar'iyyah and maqasid al-Shari'ah and finds that neutrality leads to the protection of lives and dignity and is thus compatible with the two concepts. H…
No prominent works on this page.
Is neutral humanitarian action permissible under Islamic law
In this Opinion Note, Mohd Hisham Mohd Kamal examines neutral humanitarian action during armed conflicts from an Islamic perspective. By analyzing the Qur'an and the Sunnah , he finds that it is permissible to recognize a neutral third party. Moreover, Mohd Hisham Mohd Kamal considers siyasah al-Shar'iyyah and maqasid al-Shari'ah and finds that neutrality leads to the protection of lives and dignity and is thus compatible with the two concepts. H…
The Western Universalism v. Cultural Relativism Debate on Human Rights and Islam: An ‘Aqīdah-Based Approach
The human rights discourse of (Western) universalism versus cultural relativism in international law becomes interesting when Islam is put into the equation. Scholars incline to either side of the debate while trying to have something in between to bridge the differences. This article uses a literature doctrinal method and does not use the 'third-person view' used by most scholars. Rather, this article uses an 'aqdah approach to analyze the chall…
Superior Responsibility Under the Rome Statute and Its Applicability to Constitutional Monarchy: An Appraisal
The doctrine of superior responsibility has been embedded in Article 28 of the Rome Statute of the International Criminal Court, which enunciates the responsibility of both military commanders and civilian superiors. Although constitutional monarchs are civilians entrusted with the position of commanders in chief, there are States that opposed accession to the Rome Statute on the simple ground that their respective monarchs could be indicted and …
An Islamic Perspective on the Rule of Law
The rule of law means the government must operate based on the principles of law. The rule of law is significant for good governance and sustainable development. For this reason, all States need to improve this aspect in their governments. Muslim States may need motivation from the religion itself, and in order to cater to this need, this article discusses the rule of law based on the Islamic sources of reference, including verses of the Qur’ān, …
Dispute Settlement Mechanisms Under the United Nations Convention on the Law of the Sea 1982: The Way Forward for Maldives
The maritime boundary delimitation judgment by the International Tribunal for the Law of the Sea between Mauritius and the Maldives was the first Maldivian dispute settled at an international court or tribunal. Regrettably, misinterpretation and misinformation regarding international laws and the Maldivian domestic laws related to the dispute became prevalent among the Maldivian community. One of the core concerns that need to be addressed is how…
Harmonisation of Shari‘ah and International Law in Treaty Making, Treaty Ratification and International Norm Creation
This article discusses the progress and achievements in harmonisation of Shari‘ah and international law in the processes of treaty making, treaty ratification and norm creation. This article focuses only on several treaties and declarations. Some of these instruments were drafted in the aftermath of World War II, and the other category is mainly international human rights law instruments. This research analyses the drafting history of the treatie…
Legal Principles in the Constitution of Madīnah: Bases From the Qur’ān
This article discusses some constitutional legal principles in the Constitution of Madīnah and identifies the Qur’ānic bases for these principles. The principles include ummah, territorial integrity, jihād, obedience to the Messenger (s.a.w.), consultation, goodness, right to life, equality and freedom of religion. For this purpose, the Constitution is analysed through doctrinal research, while the times or the causes of the revelation of the rel…
Law (6 works) · Political science (6 works) · Politics (4 works) · International Law and Human Rights (3 works) · Islam (3 works) · Islamic Studies and History (3 works) · Philosophy (3 works) · Sociology (3 works) · Business (2 works) · Constitution (2 works)