Dealing with the Locality at the Islamic Tourism Destination from the Islamic Perspective in Malaysia ^†

Abstract

Government authority plays a significant role in ensuring the aim of being a famous Islamic tourism destination is achievable with proper planning and implementation. However, challenges to sustain Islamic tourism destination could be triggered if the government fails to manage localities where it will probably face participatory unwillingness among the society in terms of tourism development. Therefore, this paper carried out an exploratory study on the significance of considering the locality to promote an Islamic tourism destination from the Islamic perspective in Malaysia. Document analysis was chosen in this qualitative research that involves retrieving the data from the journal articles, government reports, and any reliable sources on websites. This study found that the spirit of governing tourism destinations aligns with Shariah principles as well as other sustainability motives, which leads to success where understanding the local context plays a significant role in realizing this mission.

1. Introduction

Branding a destination as an Islamic tourism destination means that all the attributes associated with available tourism products should be insured as Shariah-compliant. This is owing to any associated terms related to Islam, such as “Islamic”, “halal”, “Shariah”, and “Muslim-friendly tourism” under the purview of Islamic law. This implies that once there is a motive to promote the products and services in the Islamic tourism industry, the tourism operators need to have a sense of Islamic religious observance in managing the tourism activities at the destination.

In pertaining to these matters, Islamic tourism destination branding is a driving factor for local authorities due to the economic prospect that could lead to a good chance for development. This is because revenue from the tourism sector is expected to increase significantly by 2025. The growth rate is about 24.05% annually, resulting in a market value of USD 90884400, and online sales will reach 72% of the overall revenue of the tourism and travel sector [1]. As a result, the increase in travel by Muslim population could be a potential for many destinations to offer Shariah-compliant products in the tourism market segment.

Therefore, Islamic tourism planning at destinations is among the key indicators leading to a sustainable Islamic tourism destination. The planning involves all stakeholders to realize the mission, including locality considerations such as the public, tourism operators, political conditions, and customs. The Islamic religion recognizes society and reality at the highest position in Islamic law, where the five essential values (maslahah) must be observed to avoid harm to the people. However, there is an imbalance in managing Islamic tourism destinations where economic growth and its planning become the most significant concern rather than establishing the goal in accordance with Islamic principles. Therefore, this paper explores the significance of locality considerations at Islamic-tourism destinations from the Islamic perspective to ensure the development of Islamic-tourism destinations in line with Islamic teaching.

2. Literature Review

2.1. Tourism and Islam

Islam emphasizes the betterment of all humankind, and the holy texts of the Quran and Sunnah provide comprehensive guidance to everyone. This is to ensure and protect society’s well-being. With this, tourism is part of the corpus of human activities that Islam recognizes and encourages humankind to be involve in [2]. One study emphasized that tourism provides many advantages, and among them is to increase the level of taqwa (piety) towards Allah SWT. This is shown by several verses that encourage travel. The verses are as follows.

“Do they then not travel through the Earth so that their minds gain wisdom, and their ears thus learn to hear? For surely it is not the eyes that are blind, but blind are the minds which are in the foremost.”

(Al-Hajj, 22:46)

“Have you not seen the ships speeding through the sea, carrying God’s provisions so that He might show you some of His wonders? Herein, behold, there are messages indeed for all who are patient, grateful.”

(Luqman, 31:31)

“And how many a Message in the Heavens and the Earth which they pass by, yet they turn away from it!”

(Yusuf, 12:105)

Indeed, these verses encourage us to travel and ponder the bounties Allah SWT has provided to His creatures. Apart from that, tourism is not just a matter of a short escape and relaxation. It is part of increasing obedience to Allah SWT, since many advantages and wisdom can be obtained from traveling.

In this vein, tourism was practiced a long time ago, during which time Islamic tourism was more under the purview of religious tourism, where Muslims traveled to sacred places to carry out a pilgrimage because it was a mandatory requirement of the Islamic religion. Therefore, the scope and the discussion of Islamic tourism in the early stage were more focused on traveling to sacred places. The interpretation is based on religious tourism being associated with the religion itself, such as Jewish tourism, Christian tourism, Buddhist tourism, and any other faiths, including Islamic tourism, wherein travel by Muslims involves visiting the holy lands of Mecca and Medina [3]. However, this segmented Islamic tourism has gone beyond religious understanding as time has gone by. It includes a single pace of activities as long as they do not contradict Islamic law [4], wherein this industry focuses on economic growth and at the same time makes available the faith’s basic needs at the tourism destination. These efforts ensure that Muslim travelers can efficiently perform their religious obligations when away from their home but still feel the same ambience as at home. This could ensure that many activities are generated in sequence to fulfil the right of the tourism stakeholder.

Therefore, activities of Islamic tourism need to be under Islamic governance. The tawhidic paradigm (Unity of God) of seeking the pleasure of Allah must be adopted to ensure all the activities are implemented following Shariah requirements [5]. When the tourism stakeholders understand that tawhid is a foundation of Islamic religious belief, it will influence the actions of dealing with Islamic tourism development. Since Islamic tourism draws in more Muslim travelers, this concept has been introduced as a niche tourism segment in the tourism industry. Research has revealed that tour operators use several terms associated with the Islamic religion to attract prospective travelers to visit the destination. Popular terms are “Islamic tourism”, “halal tourism”, “Shariah-compliant tourism”, and “Muslim-friendly tourism.” These terms play significant roles in tourism destinations in attracting potential travelers [6]. A group of researchers has emphasized that tourism in Islam adheres to Islamic principles and involves Muslims who desire to preserve their religious practices while traveling. Halal tourism is described as Muslims traveling for pleasure or business to tourist sites in non-Islamic and Islamic nations that are not explicitly prohibited by Islamic Shariah [7,8]. This definition certainly is from the perspective of travelers. The tourism planners’ side describes accountability in providing Islamic tourism products and services according to Islamic principles, where the tawhidic paradigm takes precedence in strategizing the destination. For this reason, the Islamic spirit is the priority and catalyst for the sustainability of a destination.

In addition [9], the branding is not limited to the Muslim travelers only, but also includes non-Muslims as part of an escape to experience non-ordinary feelings. Other than that [6], there is no limitation to offering an Islamic tourism product, including in non-Muslim countries, as long as the Islamic tourism product remains under Islamic observance. Thus, Islamic attributes should be available at Islamic tourism destinations to increase the satisfaction of Muslim travelers, leading to loyalty and revisiting the Islamic-tourism destination. In this part, the Islamic tourism products should adhere to Shariah principles, wherein the drive is not only for economic development, but also observing Shariah requirements on those particular matters. The tourism stakeholders at the destinations need to ensure that the offered products or activities do not go against any Islamic teachings, such as mingling between genders without a mahram, providing halal food, and managing the tourism activities in such a way that they do not tarnish the image of the Islamic religion itself. Therefore, meticulous monitoring from the government and the scholars (ulama’) is imperative to ensure that the implementation of the Islamic tourism industry at the destination remains with the Islamic spirit within the locality.

2.2. Al-‘Urf as a Consideration to Sustain the Islamic Tourism Destination

Consideration of locality is significant in Islamic law, where it is translated as al-‘urf in the Arabic language. Jurists have recognized al-‘urf as one of the principles of Islamic rule under secondary sources other than preference (istihsan), the presumption of continuity (istishab), extended analogy (maslahah mursalah), blocking the means (sadd al-dharai’), and any other secondary sources that can be used to deal with arising issues [10]. Although there is no uniformity in terms of this recognition, and some parts of the mazahib (school of thoughts) disagree with the position of al-‘urf as the secondary source of Islamic law, the consideration of locality still plays a significant role as a tool to help jurists to deal with Shariah issues by recognizing the maxim of al-‘adah muhakkamah (custom is the basis of judgement) as the establishment of customary practice principles that the entire mazahib has agreed on. From this, it has been denoted that Islam celebrates the life of the people, wherein what has been customary in one’s life should be respected if it does not contradict Shariah principles.

Al-‘urf refers to customs or matters that are customary in the life of a society, such as actions, habits, and beliefs. Linguistically, al-‘urf means “a commonly known matter that refers to good deeds” [11]. Technically, from the Islamic law perspective, al-‘urf refers to “something that has always been practiced continuously by the people, whereby the practice is customary and accepted in ordinary life and they can easily and reasonably understand the method” [12,13]. In this regard, al-‘urf is a standard practice in a society where it occurs naturally and continuously. This has resulted in al-‘urf becoming a societal value that is difficult to remove from the community’s life. Therefore, understanding al-‘urf is significant because it concerns societal needs [14].

In a nutshell, al-‘urf covers something that can be seen and includes most people’s paradigms, beliefs, and thinking styles at a particular place and time. Thus, to ensure that the objective of Shariah (maqasid al-shariah) is achievable, Islam recognizes the local customs since those practices are customary and are not easy to ward off. If no elements lead to non-Shariah compliance, Islam allows the action. Certain maslahah need to be protected, including religion, intellect, lineage, property, and life. If not, it will lead to difficulties in society in many aspects of life, and fitnah (slander) could occur in the religion.

This has been shown in many areas of fiqh mualamat (man-to-man matters), including halal industries, where scholars consider the reality and the circumstances in which there is a need to resolve Shariah-related issues. Indeed, this benefits all the stakeholders in halal areas, including Islamic tourism products and activities at a destination, since all essential needs are thoroughly protected in line with the objectives of Shariah.

2.3. Sustainability from the Islamic Perspective

The concept of sustainability is not new in Islam, where clear messages in the divine laws encourage prosperity on Earth and lead towards al-falah (success) here and hereafter. Islam stresses the attainment of the objectives of Shariah as the ultimate purpose of the lawgiver by fulfilling the five essential values of Shariah (maslahah) namely religion, life, mind, offspring and wealth [15]. This means that the commandment of Allah SWT is to provide easiness to the people (raf’ al-harj) and to avoid harm. In conclusion, Islam guides humankind comprehensively for its betterment here and hereafter.

Similarly, this concept aligns with the sustainable development goals (SDGs) that purport to preserve and maintain well-being. With these key elements of the SDGs, Islam provides basic principles to achieve the goals. Indeed, sustainability is intimately tied to development, which involves a manner that drives people to balance their economic and social lives with the available ecological resources for human development [16]. This shows that applying sustainability could ensure resilience towards the evolution of times and circumstances at a tourist destination. The sustainability concept has become the main focus of the World Tourism Organization (UNWTO), where sustainable development in the corpus of the tourism takes complete account of its current and future economic, social, and environmental impacts, addressing the needs of visitors, the industry, the environment, and host communities [17]. The UNWTO has further emphasized that all relevant tourism stakeholders must be well informed on the mission to remain sustainable since sustainability development is a continuous process. Thus, as the sole authority, the government is accountable for overseeing the implementation to reach the goal. Strong leadership needs to be established at Islamic tourism destinations where it can be sustained by maintaining a high level of tourist satisfaction that can build a meaningful experience. With this, community engagement is needed to increase participation in sustainable tourism.

In Islam, the concept of dar’u mafasid awla min jalbi al-masalih (preventing evil takes precedence over any consideration of benefits) is appropriate for sustainable tourism. This has been proven by the approach of Islamic scholars in governance practices. Among the essential criteria is looking toward the public interest (maslahah ammah), which already covers the three elements of the tourism industry’s sustainable development goals: economy, social, and environment. This falls under the basic principle of all Islamic law to ensure equilibrium of life in society. The issuance of guidelines at the federal level for determining Islamic legal ruling in 2017, clauses 42 and 43, emphasized the preservation criteria of the locality [18].

42: “The public interest is the goodness and benefits to a society that certified its validity by the Mufti or the Fatwa Committee to achieve maqasid syariah. Maqasid syariah is the goodness (maslahah) that is to be achieved by Shariah for the benefit of mankind in this world and the hereafter. It includes observance of the five main necessities (al-daruriyyat al-khamsah), i.e., safeguarding religion, life, lineage, intellect, and property.

43: The public interest criteria are:

Coinciding with the maqasid syariah.

(i) Real matters (haqiqi) or strong conjectures (ghalabat al-zann), not imagined ones.

(ii) In accordance with local ‘urf and practices recognized by Shariah.

(iii) Comprehensive (al-umum) or mostly comprehensive (al-ghalabah) [19].

In addition, the ordinance of the enactment at the state level in Malaysia also has considered public interest. Examples are in Section 54. Qaul muktamad is to be followed by [20].

“(1) In issuing any Fatwa under Section 48 or certifying an opinion under Section 53, the Fatwa Committee shall ordinarily follow qaul muktamad (the accepted views) of the Mazhab Syafie.

(2) If the Fatwa Committee is of the opinion that following the qaul muktamad of the Mazhab Syafie will lead to a situation which is repugnant to the public interest, the Fatwa Committee may follow the qaul muktamad of the Mazhab Hanafi, Maliki or Hanbali.

(3) If the Fatwa Committee is of the opinion that none of the qaul muktamad of the four Mazhabs may be followed without leading to a situation which is repugnant to the public interest, the Fatwa Committee may make the Fatwa according to ijtihad without being bound by the qaul muktamad of any of the four Mazhabs.”

Moreover, the Malaysian government also introduced the Total Planning and Development Doctrine in 1997 to cater to the sensitivity and the needs for human development in the national development plan, where the development focus is on moderation between physical and human development [21]. In this guideline, the element of taqwa becomes the main spiritual value, which consists of the relationship between man and God, man and man, and man and other creatures. Based on the main principles of planning and development highlighted, it is denoted that the sustainable progress of the country can only be achieved if sensitivity and human needs are being considered accordingly.

Based on the highlighted clauses, considering the life of the society as long as it does not contravene Shariah requirements becomes the main preference in ensuring that the decision that has been planned or enforced in the society is a reasonable and practical solution for them. This is indeed part of making an Islamic tourism destination more resilient to the changing times and circumstances. This is supported by a study [4] that stressed Islamic culture and values among the significant considerations for developing Malaysia as an Islamic tourism destination where the tourism stakeholders need to ensure the originality and uniqueness of Malaysian culture. Furthermore, a review study [22] emphasized that the pillars of sustainability, namely, society, economy, and environment, determine the positive or negative impact on the Islamic tourism destination. If these pillars are well managed, they will positively impact the destination since the local people’s willingness to participate in sustainable tourism development is an indicator. This is because the continuous process of Islamic tourism destination development is under the coverage of the spiritual first, where the blessing of God is the utmost goal to achieve [23].

3. Methods

This study adopted a qualitative research methodology wherein an exploratory approach was involved to comprehend the significance of considering a locality to promote the establishment of Islamic tourism destination branding from the Islamic perspective in Malaysia. For the data collection, document analysis was chosen, which involved retrieving the data from journal articles, government reports, online newspapers, and any reliable sources on websites, covering topics such as Islamic tourism destinations, localities from the perspective of Islamic law, travelers’ satisfaction and loyalty, and the willingness of the local community to participate in Islamic tourism activities. Thereafter, the data obtained were concurrently analyzed by using content analysis techniques until the objective was addressed accordingly.

4. Results and Discussion

In Malaysia, the Muslim population is the leading cause of Muslim friendly tourism development, which has led to the government’s recognition that this industry is an important segment contributing to economic growth. Many Islamic tourism products are available and influence foreign and domestic travelers to visit destinations with this advantage. In this vein, the population is creating higher demand in the realm of Muslim-friendly tourism at the destination and is assisting in establishing tangible and intangible Islamic tourism attributes such as mosques, halal food, Islamic entertainment, and any other Shariah-compliant activities.

Furthermore, government planning for tourism development also considers the culture and beliefs of the society. This could be seen in several states in Malaysia that has adopted the Islamic concept in the administration of the state, including tourism. Terengganu, for instance, has adopted ‘Maju, Berkat, Sejahtera’ in governing the tourism industry, where any activities must comply with Islamic teachings. To be in line with the mission, amusement guidelines were introduced to ensure that the entertainment organized in the state would not tarnish the image of Islam. The event organizer and the hotel and resort host must observe the potential client who intends to run the event at the locations.

Similarly, the Kelantan state is well known as the ‘Serambi Mekah’, which has led the state government to choose to manage the state in line with Islamic teaching. There are municipalities like Bachok, which is branding itself as an Islamic tourism city to attract more potential travelers to visit Kelantan [24]. Indeed, these states have many similarities in their political approach, particularly in the commitment to implementing Islamic teaching following Shariah. This is because many of the residents in these states are Muslims, and the society is very particular and sensitive towards the implementation of Shariah.

With this common political condition in both states, outsiders also view both states as synonymous with Islam. Many concerns related to Shariah have been raised by society, or even by cybertroopers, especially regarding elements that go against Shariah. The topics of wearing a bikini at the beach [25,26,27], organizing a ‘dangdut’ (a type of music for dancing) at a hotel event [28], and banning celebrities that tend to influence immoral behavior to provide entertainment [28] are among the controversial issues that have created urgency for the state government to provide clarification. This is due to the states’ Islamic image already having been made known by society. It is significant for the government to preserve the community’s status quo by ensuring that there is no immoral behavior that could taint the existing practices of society. If the issues cannot be resolved and managed accordingly, it will create a negative impact on the tourism development itself due to the dissatisfaction of the society with the failure of the government to manage the issue accordingly.

Moreover, the effort from the federal government based on the establishment of the Islamic Tourism Centre under the Ministry of Tourism, Arts and Culture (MOTAC) is another layer to dig into regarding the potential of the Muslim-friendly tourism attributes in a particular destination in Malaysia in terms of the potential to promote it as an Islamic tourism destination. Sabah, for instance, has become a recent potential destination promoted as an Islamic tourism destination because of its unique geographical location for ecotourism activities. It has been stressed by Tuan Haji Muhammad Zamri Muhamed Shapek, Director of IPDAS, that there is a need to correct the misunderstanding of Middle East travelers’ intention to visit the destination, wherein the travelers tend to visit luxurious places only. Still, he has refuted the concept that Middle Eastern travelers are also interested in adventurous activities that involve nature, like what Sabah could offer [29]. This shows that ecotourism products provide a map with the three pillars of sustainable tourism. Sustainability is in line with a significant aspect of Islam, which offers advantages for tourism development.

The above discussion shows that the locality, or al-‘urf, plays a significant role as an agent for the sustainability of an Islamic tourism destination. Indeed, the sustainability concept introduced recently is already in line with Islamic principles, whereby local consideration is among the main preference for consideration to protect society, economy, and environment. With this, the federal and state levels must be concerned with the reality at the destination to increase the participatory willingness among the society to sustain Islamic tourism destinations.

5. Conclusions

In conclusion, dealing with localities to brand and promote Islamic tourism destinations is crucial since Muslims are the majority population in Malaysia. With the beliefs, customs, and practices that exist in their life, the government is accountable for preserving the well-being of local needs. The available tourism activities that have the potential to be promoted as Islamic tourism products at a destination could be monitored accordingly to avoid repellence from public interest, which would damage the locality. As a result, the aims of sustainable Islamic tourism would not be achievable if non-Shariah compliant activities are not mitigated accordingly based on the tawhidic paradigm. Therefore, this study would like to propose that the government start looking thoroughly into the establishment of a Shariah governance approach in Islamic tourism management to preserve the rights of Muslims in general and, at the same time, help the industry develop according to Islamic teaching. With this clear governance framework, the tourism stakeholders will mutually understand their functions and consequently preserve and maintain the elements of the locality accordingly based on the Shariah perspective.