Permissibility of Istibdal in Islamic Law and the Practice in Malaysia

lstibdal is a topic in the field of Islamic endowment （waqf） which means exchanging something with something else. The issue of istibdal and its administrative cases raised as an attractive discussion among Muslim scholars since the permission for exchanging （istibdal） is against the principle of Islamic endowment itself, which functions under the concept of perpetuity and everlasting. The action of altering or exchanging of the waqf property is contrary to the concept of waqf, which should exist forever, perpetual and cannot be changed or amended. In fact, a waqfproperty was no longer owned by man as the owner, but the ownership was transferred to the God. However, most of the Muslim scholars permit istibdal for a specific reason so as to ensure that the waqf property is functioning as intended, to maintain the intention of the waqif （donor） in a new form of asset and to ensure its benefit for the interest of all Muslims. In the Malaysian context, the issue in administrating istibdal arose as the country was dominated by the Shafi＇i sect which was more to not allow the istibdal. Therefore, this study aimed to examine this issue in the context of administrative law ofwaqfin Malaysia under the topic of istibdal. The data will be collected from the results of fatwa committee （Islamic ruling decision） from States and the Federal, also will look into some cases ofistibdal and the provisions in the Enactment of Waqfin certain states in Malaysia.     

Blood donors,development and modernisation: configurations of biological sociality and citizenship in post-colonial Singapore

This article examines the governmental apparatus organised around Singapore's Blood Transfusion Service (SBTS) and the knowledge, experts and techniques associated with transfusion medicine. I term this apparatus, which was in place in the Singapore from its first steps towards political independence in 1959 until 1990, ‘Singapore's haemato-logic assemblage’. Drawing on the work of Foucault, the article explores how this assemblage overflowed into and reconfigured understandings of biological sociality and citizenship in post-colonial Singapore. More specifically, it argues that, in the 30 years following independence, this assemblage brought into being a new figure of the biological citizen by creating a sphere of possibilities for Singaporeans to think and act accordingly. This new figure of the citizen is ‘the blood donor’. Articulated around the SBTS and the knowledge and techniques of transfusion medicine, this donor is a Singaporean who gives blood to save the lives of fellow citizens and participates, thereby, in the development and modernisation of the newly independent nation. To substantiate this argument, the article shows how the haemato-logic assemblage helped to realise this new figure of the citizen by creating – through narratives, statistics, spaces and rewarding schemes – a sphere of possibilities in which Singaporeans could think and act as blood donors.     

The story of two administrative states: state capacity in Hong Kong and Singapore

Abstract

Hong Kong and Singapore are both typical administrative states with an efficient administration and a vibrant market, which had achieved rapid economic growth in the past decades. This article examines the trajectory of their state capacity, highlighting recent problems and challenges. Based on a conceptual framework that captures and links up four dimensions – namely polity, bureaucracy, economy and civil society – their commonalities and differences in response are discussed. Their experience should be of particular relevance to transitional authoritarian states in Asia such as China, which faces similar challenges to reform in the arenas of politics, administration, economics and society.     

Social process as everyday practice: the micro politics of community-based conservation and development in southeastern Mexico

This article explores the everyday exchanges associated with community-based natural resources management in southeastern Mexico to suggest how formal and informal social practices shape conservation and development outcomes. Discussions of social process in most policy analyses emphasize formal exchanges based in rational action but typically overlook the impact of everyday social practices, which often occur “off-stage.” First, I build on existing conceptualizations of social process in the policy sciences by exploring culturally-informed approaches focused on everyday practice, infrapolitics, and performance. Second, I present a case study detailing the emergence and decline of a timber marketing fund to reveal how informal lending among community members contributed to the decapitalization of the fund. Third, I trace flows of economic capital from the fund in order to discuss specific policy outcomes. Fourth, I present ethnographic and archival evidence showing the persistence and frequency of informal lending, the performative aspects of local social process, and the character of “off-stage” interactions. I conclude with a discussion of social process that extends analysis beyond values-based outcomes to consider how long-standing practices based in particular logics (political cultures) collide with formalized (technocratic) practices of the public sphere. I employ this conceptual approach to critically examine questions of petty corruption and local conflict, to uncover multiple dimensions of micro political interaction, and to explore how cultural perspectives on social process might inform policy responses.

Debt,Development and Intervention in Africa: The Contours of a Sovereign Frontier

Abstract

This paper argues that the concept of the sovereign frontier can help us think about sovereignty and intervention in a way that moves beyond some of the limitations usually associated with the former concept. Focused on a zone of practice, embedded in a broader ‘movement’ of Western expansion, the sovereign frontier highlights political practices of subordination and incorporation that characterize the sway of intervention in contemporary African states. These concepts are sketched out with reference to more concrete practices of intervention in African states – especially ‘governance states’ – and critical commentary is drawn therefrom. The main argument here is that a series of ostensibly less intrusive forms of aid policy-making are enabled by a constitutive inequality within the sovereign frontier and work towards a more profound and effective projection of external power within it. The paper concludes by suggesting that the intrinsic expansiveness of the sovereign frontier offers few possibilities for the attainment of alternative sovereignties to those shaped by Western institutions.     

Security Sector Reform from a Policy Transfer Perspective: A Comparative Study of International Interventions in the Palestinian Territories,Liberia and Timor-Leste

Security sector reform (SSR), targeting security forces and their management and oversight institutions, has become a major feature of international peace- and statebuilding activities. The article draws on policy transfer research to assess substantive and procedural changes in how international actors intervene in the security governance of fragile or post-conflict states. By comparing transfer processes in Liberia, Timor-Leste and the Palestinian Territories, the article shows that despite variations across political, economic and strategic factors in each domestic context, external SSR interventions showed distinct similarities. SSR interventions expanded their substantive scope over time; less directly coercive mechanisms of persuasion and socialization increasingly replaced the direct imposition of external models of security governance; and the influence of domestic elite actors on transfer processes increased over the duration of interventions.     

A New Cosmology of Risks and Crises: Time for a Radical Shift in Paradigm and Practice

Crises in the twenty-first century differ—structurally—from those we had to deal with in the last century. Crises of the twentieth century were traditionally defined and handled as a combination of "threat, urgency, and uncertainty." Today, crises are better described in terms of a destruction of vital references and a dynamic of systemic implosions. If crises were once a type of severe, dynamic accident, they are now the essential mode of life in our hypercomplex systems. These transboundary crises mark a watershed between mind-sets and tools of the past, and the new strategic landscape that we are now in. The intellectual and governance challenges are extreme. But looking back is not an option. It is vital to forge new routes into Terrae Incognitae . The goal of this article is to help build (1) a renewed understanding of the emerging challenges we face; and (2) a better strategic response to these systemic dislocations.     

Conservation in Context: Toward a Systems Framing of Decentralized Governance and Public Participation in Wildlife Management

Governance scholars have long championed the adaptive utility of decentralized management institutions, in part due to their ability to bring diverse stakeholders into decision‐making processes. However, research into the link between decentralization and participation often looks at policy design but bypasses important system feedbacks that shape sustained participation over time. To paint a more robust picture detailing how decentralization and participation are related, this paper uses a complex systems framework to explore interacting structural, operational, and cultural components of decentralized wildlife governance institutions in the United States and Botswana. Through this comparative analysis, I argue that the landscape of public participation in decentralized governance institutions appears to be significantly impacted by three factors: 1) how decentralization processes occurred, 2) where in the process of decision making participation is situated, and 3) perceptions of power distribution between groups with competing interests.     

Mutual and Self Perceptions of Opposing Advocacy Coalitions: Devil Shift and Angel Shift in a German Policy Subsystem

In political conflicts, actors tend to assume that opponents behave maliciously. This phenomena is part of the “devil shift,” which was introduced in advocacy coalition framework research. We present a multivariate analysis of the perceptions of motives and actions of opposing coalitions in a political conflict and thereby analyze a major dimension of the “devil shift” and of its antonym “angel shift.” The conflict concerning the German infrastructure project Stuttgart 21 serves as a case study. We show that the radicalness of policy‐specific beliefs is the most important predictor for the intensity of mutual misperception in the researched conflict. The results further point to a more systematic inclusion of an actor's deep normative core beliefs in future analyses of distorted perception. Another central finding relates to the importance of the personal environment: actors in the subsystem share the same policy core beliefs with the majority of people in their personal environment.