المصادر الأصولية المناسبة في بناء فقه الأقليات المسلمة = Appropriate Usuli Sources in Building the Jurisprudence of Muslim Minorities

2018 ◽  
Vol 2 (1) ◽  
pp. 83-101
Author(s):  
حليم مرزاقي
Keyword(s):  
Author(s):  
Jonathan Laurence

This book traces how governments across Western Europe have responded to the growing presence of Muslim immigrants in their countries over the past fifty years. Drawing on hundreds of in-depth interviews with government officials and religious leaders in France, Germany, Italy, the Netherlands, the United Kingdom, Morocco, and Turkey, the book challenges the widespread notion that Europe's Muslim minorities represent a threat to liberal democracy. The book documents how European governments in the 1970s and 1980s excluded Islam from domestic institutions, instead inviting foreign powers like Saudi Arabia, Algeria, and Turkey to oversee the practice of Islam among immigrants in European host societies. But since the 1990s, amid rising integration problems and fears about terrorism, governments have aggressively stepped up efforts to reach out to their Muslim communities and incorporate them into the institutional, political, and cultural fabrics of European democracy. The book places these efforts—particularly the government-led creation of Islamic councils—within a broader theoretical context and gleans insights from government interactions with groups such as trade unions and Jewish communities at previous critical junctures in European state-building. By examining how state–mosque relations in Europe are linked to the ongoing struggle for religious and political authority in the Muslim-majority world, the book sheds light on the geopolitical implications of a religious minority's transition from outsiders to citizens. This book offers a much-needed reassessment that foresees the continuing integration of Muslims into European civil society and politics in the coming decades.


EMPIRISMA ◽  
2016 ◽  
Vol 25 (1) ◽  
Author(s):  
Abdul Wahab Khalil

The Muslim minorities in the West who are currently dealing with a multitude of problem receives attention from Muslim scholars. Syaikh Yūsuf al-Qaraḍāwī is the first Muslim scholar who attempted to provide a solution to the problems, especially related to the implementation of religious teachings, as he outlined it in the framework of fiqh al-aqalliyāt. In principle, this is not something new in Islamic jurisprudence, because its legal sources are still the same. Nevertheless, this kind of fiqh is different in the sense that it does not merely talk about legal issues, but also the problems of theology and morals that the Muslim minorities in the West are currently dealing with in their relations with non-Muslims. Fiqh al-aqalliyyāt is also characterized by the use of the principle of al-taysīr as clearly prominent in the fatwās by Syaikh Yūsuf al-Qaraḍāwī, such as on the validity of both performing Friday prayer in the morning due to limited time for religious sermon (khuṭbah) and during ẓuhr time in some countries. This article will explore further this principle of al-taysīr in the Qaraḍāwī’s fiqh al-aqalliyyāt. Keywords: Yūsuf al-Qaraḍāwī, Fiqh al-Aqalliyāt, al-Taysīr


Author(s):  
Maulana Akbar Shah

From an economic and strategic perspective, the Strait of Malacca is one of the most important shipping lanes in the world. It has always been a strategic maritime route that benefitted kingdoms of Tiriwizara, Majapahit, Malakka, Pagan, Hantawaddy and Konbong Kingdoms of Myanmar. Thanks to the long borderland, China and Burma have always engaged in trade and diplomatic relation. Burma, presently called Myanmar, is an important country from the perspective of geo-politics in the region, but never has the situation of 8 million Muslims in this country been worse. Muslims have been living in Myanmar for a long time. The previous Buddhist rulers of the country and the British administration that followed provided rights of citizenship to them without discrimination. In the light of these welcoming circumstances, Muslims were happy to contribute to the nation by joining the army, the police force, government institutions in areas such as health care, education, trade, business, agriculture as well as in politics and as legislators in the parliament of Myanmar. Nevertheless, their unfortunate history began when the military came into power in 1962. All the rights and responsibilities they had enjoyed over the years became restricted. Discrimination policies were applied in every segment of national institutions, thereby threatening their citizenship rights. The discrimination continued to the extent that their racial status as one of the 145 ethnic groups of Myanmar was removed. Consequently, frequent riots, afflictions, and violence against Muslim minorities became the norm, rendering peaceful coexistence between Muslim and Buddhists difficult. The objective of this paper is to research the historical existence and identification of Muslims in Myanmar. Findings of this work will touch upon a theory of peaceful coexistence between Muslims and Buddhists in Myanmar. Keywords Islam, Muslim, identity, rights, discrimination, peace, coexistence. Abstrak Dari perspektif ekonomi dan strategik, Selat Melaka adalah salah satu laluan perkapalan yang paling penting di dunia. Ia sentiasa menjadi laluan maritim strategik yang memberi manfaat kepada kerajaan-kerajaan kerajaan Tiriwizara, Majapahit, Malakka, Pagan, Hantawaddy dan Kerajaan Konbong Myanmar. Disebabkan sempadan yang panjang, China dan Burma sentiasa terlibat dalam perdagangan dan hubungan diplomatik. Burma, yang kini dipanggil Myanmar, adalah negara penting dari perspektif geo-politik di rantau ini, tetapi 8 juta umat Islam di negara ini tidak pernah mengalami keadaan yang buruk. Umat Islam telah tinggal di Myanmar sejak beberapa ribu tahun yang lalu. Para pemimpin Buddha terdahulu dan juga pentadbiran British memberi hak kewarganegaraan kepada umat Islam tanpa diskriminasi. Keadaan ini menyebabkan umat Islam dengan rela hati  tampil memberi sokongan kepada negara dengan menyertai tentera, pasukan polis, terlibat dalam institusi kerajaan dalam bidang kesihatan, pendidikan, perdagangan, perniagaan, pertanian, politik dan penggubal undang-undang dalam parlimen Myanmar. Walau bagaimanapun, sejarah buruk bermula apabila golongan tentera berkuasa pada tahun 1962. Semua hak keistimewaan yang mereka nikmati selama bertahun-tahun menjadi terhad. Dasar diskriminasi telah digunakan pada setiap segmen institusi nasional dan telah mengancam hak kewarganegaraan mereka. Diskriminasi ini berterusan sehingga status mereka sebagai salah satu daripada 145 kaum Myanmar dihapuskan. Akibatnya, kerusuhan, kesengsaraan, dan kekerasan yang sering berlaku terhadap kaum minoriti Muslim menjadi norma dimana tidak mungkin akan wujud kesefahaman antara Islam dan Buddha. Objektif makalah ini adalah untuk menyelidik kewujudan sejarah dan identifikasi umat Islam di Myanmar. Hasil kajian akan menyentuh teori kedamaian antara umat Islam dan Buddha di Myanmar. Kata Kunci: Islam, Muslim, identiti, Hak, diskriminasi, kemanan, coexisten    


1991 ◽  
Vol 8 (2) ◽  
pp. 307-316
Author(s):  
R. Hrair Dekmejian

Most of the world’s Muslims reside in countries where they are numericallypredominant. As such, these Muslims possess a majoritarian outlook in sharpcontrast to the perspective of minority Muslims living in India, China, theUSSR, and some Western countries. In recent years, Muslim minorities havefound themselves at the confluence of diverse social forces and politicaldevelopments which have heightened their sense of communal identity andapprehension vish-vis non-Muslim majorities. This has been particularlytrue of the crisis besetting the Indian Muslims in 1990-91 as well as the newlyformed Muslim communities in Western Europe.The foregoing circumstances have highlighted the need for serious researchon Muslim minorities within a comparative framework. What follows is apreliminary outline of a research framework for a comparative study of Muslimminorities using the Indian Muslims as an illustrative case.The Salience of TraditionOne of the most significant transnational phenomena in the four decadessince mid-century has been the revival of communal consciousness amongminorities in a large number of countries throughout the world. This tendencytoward cultural regeneration has been noted among such diverse ethnic groupsas Afro-Americans, French Canadians, Palestinian Arabs, the Scots of GreatBritain, Soviet minorities, and native Americans. A common tendency amongthese groups is to reach back to their cultural traditions and to explore thoseroots which have served as the historical anchors of their present communalexistence. Significantly, this quest for tradition has had a salutary impactupon the lives of these communities, for it has reinforced their collectiveand individual identities and has enabled them to confront the multipledifficulties of modem life more effectively. By according its members a sense ...


2019 ◽  
Vol 20 (7) ◽  
pp. 1079-1095
Author(s):  
Noor Aisha Abdul Rahman

AbstractThe accommodation of religious personal law systems is an issue that has arisen in many countries with significant Muslim minorities. The types of accommodations can range from direct incorporation into the state legal system to mere recognition of religious tribunals as private organs. Different forms of accommodation raise different types of legal, social, and political issues. Focusing on the case of Singapore, I examine one form of accommodation which entails the direct incorporation of this law regulating marriage, divorce, and inheritance for Muslims into the state system. Administered by the Administration of the Muslim Law Act, 1966, the Muslim law binds Muslims unless they abjure Islam. The resulting pluralistic legal system is deemed necessary to realize the aspirations of and give respect to the Muslim minority community, the majority of whom are constitutionally acknowledged as indigenous to the country. This Article examines the ramifications of this arrangement on the rights and well-being of members of this community in the context of change. It argues that, while giving autonomy to the community to determine its personal law and advancing group accommodation, the arrangement denies individuals the right to their choice of law, a problem exacerbated by traditionalism and the lack of democratic process in this domain. Consequently, the Muslim law pales in comparison to the civil law for non-Muslims. The rise of religious resurgence since the 1970s has but compounded the problem. How the system can accommodate the Muslim personal law without compromising the rights of individual Muslims is also discussed.


2012 ◽  
Vol 41 (2) ◽  
pp. 159-181 ◽  
Author(s):  
Luca Mavelli

In recent political and scholarly debates, the notion of ‘securitisation of Islam’ has acquired increasing relevance, yet very little attempt has been made to investigate the theoretical implications of the securitisation of Muslim subjects carried out by secular regimes for thinking security. This article aims to partially fill this gap by exploring the securitisation of Muslim minorities in Western societies as a process of construction and reproduction of secular modes of subjectivity. To this end, the article outlines the contours of an approach to securitisation which draws on both the Copenhagen and the Paris schools of security studies, as well as on a gender/body perspective which focuses on the subjectivities that securitisation aims to produce. Following some illustrations of the securitisation of Islam in the aftermath of 9/11 and 7/7, an exploration of a Western notion of subjectivity revolving around the securitisation of Christianity and the construction of Islam as a threatening deviation from this historical trajectory, and an analysis of the securitisation of the headscarf and the burqa in France, the article concludes that securitisation rests on both logics of political normalisation and exception which warrant an exploration of the discursive sediments which make them possible.


2021 ◽  
Vol 75 (3) ◽  
pp. 793-810
Author(s):  
Kirstine Sinclair

Abstract This contribution examines the relationship between understandings of modernity, Islam and educational ideals at Cambridge Muslim College (UK) and how such understandings contribute to the formation of meaningful selves amongst the students attending the college. The analysis takes as its point of departure the understanding of modernity of the founder of Cambridge Muslim College – Tim Winter aka Abdal Hakim Murad – as it is expressed in his publications, social media appearances and from conversations at the college. In a nutshell, modernity for Winter signifies a fragmentation of meaning and coherence and is associated with blind consumerism and superficiality. The aim of the college is to counter such fragmentation by providing coherence and meaning to its students. The college is presented – and perceived by students and graduates – as mediating between Islamic traditions and modern Muslim lives in the West and as living up to a responsibility of engaging in the development of both Muslim minorities and the wider society of which they are part. Thus, the educational ideal is not only pursued in traditional academic activities – it implies a certain lifestyle based on a particular understanding of Islam which is not as much about theological content as it is about how to instrumentalise the religion in everyday being and practice.


2015 ◽  
Vol 1 ◽  
Author(s):  
Li Li Pang

On the 1st of May 2014, Negara Brunei Darussalam declared the implementation of an Islamic criminal code of law, thus becoming the first country in modern Southeast Asia to declare so. Inevitably, Brunei was scrutinised by the international media, particularly over its relations with its non-Muslim minorities. This paper investigates the causes of the international media’s anxieties by analysing the socio-political circumstances of the non-Muslim minorities in Brunei, with particular focus on its ethnic Chinese citizens, and with reference to the Islamic Law of Minorities, or ahle dhimmah. Perspectives of the Islamic Law of Minorities toward Brunei’s Chinese citizens are also examined within the political-cultural context of Negara. Thus, exploring simultaneously these concepts, Islam and Negara, this paper asserts that the Islamic Law of Minorities has long been upheld in the Brunei Negara, serving to foster the coexistence of peoples of various ethnic and religious affiliations within the Abode of Peace.


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