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New minority developed

Today, one third of the world’s Muslim population lives in countries where they constitute a minority. This situation in itself is not new. Muslims have experienced minority life since the early years of Islam.

The first wave of Muslim immigration to Abyssinia (614—615 CE) is a case in point. Due to political and territorial struggle, Muslims also had minority experi­ences in places like Spain, Sicily, the Balkans, China and India. This long history of minority experience did not result — on the part of early and pre-modern jurists — in the formulation of a concrete jurisprudential position towards minority Muslim communities.1 Instead, ear­lier jurists tended to address questions about Muslims living outside the world of Islam as individual cases. They did not systematically or thematically group these questions or work out a methodology to deal with them. Jurists did not feel the need, in their writings and debates, to address the notion of developing constructive Muslim minority life. This does not mean that their debates were superficial or insignificant. Rather they were complex and diverse. Jurists of various schools discussed various ‘minority’ questions and projected dif­ferent positions based on their geopolitical setting and juridical orientations. They debated the rulings pertaining to immigration, definition of ddrs, i.e. land (both dar al-Islam and ddr al-harb), the boundaries of Islamic jurisdiction, the limitations of manifesting one’s religion and the role of amdn, i.e. contracts that guarantee the safety of the individuals, in defining Muslims’ relation to the non-Muslim territory. Khaled Abou El Fadl argues that there are three main questions that the juristic debate pertaining to Muslims residing in non-Muslim polities focused upon: Were Muslims permitted to reside in a non-Muslim territory? Were Muslim minorities part of the Muslim Umma or did they constitute a special class of Mus­lims? What were the obligations of Muslim minorities towards Islamic Law, and towards their host states? These questions are discussed within the framework of four key issues: 1) residence in a non-Muslim land; 2) ability to practise Islam, especially rituals; 3) juris­diction; and 4) interaction with non-Muslims.
Definitely, these three questions have driven the debate with all its complexities and other sub-issues throughout Islamic legal history up until the present time.

Muslim immigration in the second half of the 20th century to the Western world pre­sented a new phenomenon in the history of Muslim minority communities. During this time, Muslims immigrated in unprecedented numbers to Western Europe and North America. Although this immigration was of different modes, involving different types of immigrants and representing different forms of relationships with host societies, in general it represented a new reality where Muslims did not migrate from non-Muslim polities to Muslim lands, but instead there was a reverse hijra where Muslims immigrated from the land of Islam to non-Muslim territories.

These immigrant Muslims (between the 1950s and the late 1970s) had a mentality of tem­poral settlement and isolation, and were often waiting to achieve a specific task — to improve their economic situation, escape political persecution, receive an education, etc. — before returning to their home country. They rationalized their isolation by referring to traditional legal doctrines that view with suspicion any interaction with non-Muslims in non-Muslim lands. These doctrines caused immigrants to reject their place of residence due to the belief that they would be subject to non-Muslim rule, add to the strength of a non-Muslim state, and betray the Umma. The assumption was that the best they could do until they rectified their sit­uation was to work to keep their Islamic identity intact and their community protected from assimilation into the non-Muslim culture. This was the function of early Islamic institutions such as mosques and centres that were built in the West in the 1970s and the 1980s.

Within a few decades, however, Muslim immigrants realized that the new land had be­come their new home, and they were the ones who needed to rethink their tradition in light of the changing realities.

The attitudes of early immigrants changed, and a solid Muslim community started to carve its way into the Western public sphere. Gradually, Muslim im­migrants developed concerns about their Islamic identity. They faced the challenge of how to make their lives ‘Islamic’. Though the meaning and scope of the word ‘Islamic’ varies from one group to another, the underlying aspiration of Muslim immigrants — living according to the teachings of Islam — remains essentially the same. For some, the challenge of constructing an ‘Islamic life’ presented a significant dilemma. On the one hand, submission to their beliefs required them to abide by certain Islamic law rulings, which many Muslims believe to be based on divine texts and/or prophetic commands. At the same time, these immigrants sought to adapt to their new place and adhere to its positive laws, which might contradict some norms of their belief system.

It is noted that Islamic law is blended with the culture of its people. With time, it becomes hard to distinguish between the two, i.e. Islam and culture, until one encounters an opposing culture. At this moment the question of the Islamicity of certain acts is raised and strongly de­bated. In order to resolve such dilemmas vis-à-vis Islam, 20th-century Muslims immigrants often resorted to the advice of imams or muftis. They sought answers to questions about almost every detail of their lives. They questioned their immigration and their acquisition of new citizenship. They asked about food, drink and clothing, and they inquired about work, social interaction and mingling with their non-Muslim fellow citizens. A new genre offiqh called fiqh al-aqalliyyat’, i.e. fiqh of minorities, started to pave its way to scholarship as a new attempt to revisit immigrants’ questions and reconsider them in light of the new space and time.

The experience of Muslim minorities of the second half of the 20th century was also different from the earlier presence of Muslims in non-Muslim polities due to a number of significant shifts in the structure of both the host society and the Muslim communities themselves.

With the steady increase of Muslim immigrant numbers and the visibility of their presence, the West’s old historical conflict with Islam, informed by orientalists’ positions and essentializing discourses, was carried into the modern time and revealed various prejudices, the most important of which is that Islam is inherently anti-modern and that its adherents cannot, therefore, be integrated into the modern West.2 Discrimination and biased media coverage played a role in asserting and disseminating a hostile attitude toward Muslims. Such hostility towards Islam, for some Muslims, resulted in an intensification of their personal attachments to Islam and their affirmation of their Islamic identity.

Conscious affirmation of one’s Islamic identity in response to discrimination and vic­timization was empowered by an external travelling factor, i.e. the spread of the influence of Islamic Awakening in the Muslim world. Two competitive forces of the Awakening, the Muslim Brothers and the Wahhabi-oriented organizations, exerted huge efforts to reach Muslim minorities. A significant number of Muslim Brothers immigrated to the West to escape political persecution. They brought with them their ideologies and established insti­tutions and organized work among the ranks of the Muslim minorities. Wahhabi-oriented organizations dedicated huge funds for Dawa purposes in the West. They funded the estab­lishment of many Islamic centres, donated large numbers of Islamic books and materials in foreign languages and provided scholarships to European and American Muslims to study Islam in Mecca or Medina. Both forces made an impact in the early formation of Muslim minority identity in the West. Also in the late 1980s, Muslim communities witnessed the rise of the second and third generations of young Muslims who knew no home other than the Western world. These young Muslims had aspirations and the power to persuade parents dreaming of returning to their home country to stay permanently in the non-Muslim land. Next to these internal changes in the structure of Muslim minority communities, the secular liberal western democracy provided a reasonable space for Muslims to express themselves both as Muslims and as citizens.

Given this process of identity construction, threat of Islamophobia, community aware­ness, the rise of the second and third generations, and the liberal western democratic environ­ment, the traditional answer for minority questions which would basically require immigration to the land of Islam was questioned. Moreover, many Muslim scholars argued for the need of an intellectual juristic renewal and a new methodology to deal with Muslim minority questions.

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Source: Abou El Fadl Khaled, Ahmad Ahmad Atif, Hassan Said Fares (Eds.). Routledge Handbook of Islamic Law. Routledge,2019. — 466 p.. 2019
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