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Migration and Islamic Ethics _book_id: 0 _book_language: en _book_alttitle: 0 _dedication_title: 0 _publisher_id: 0 _collection_id_series: sie i Migration and Islamic Ethics © Ray Jureidini and Said Fares Hassan, 2020 | doi:10.1163/9789004417342_001 This is an open access chapter distributed under the terms of the CC-BY-NC 4.0 License. ii Studies in Islamic Ethics Editorial Board Emad Shahin (Hamad Bin Khalifa University (HBKU), Doha, Qatar) Mutaz al-Khatib (Research Center for Islamic Legislation & Ethics, HBKU) Mohammed Ghaly (Research Center for Islamic Legislation & Ethics, HBKU) Managing Editor Abdurraouf Oueslati VOLUME 2 The titles published in this series are listed at brill.com/sie iii Migration and Islamic Ethics Issues of Residence, Naturalisation and Citizenship Edited by Ray Jureidini Said Fares Hassan LEIDEN | BOSTON iv This is an open access title distributed under the terms of the CC-BY-NC 4.0 License, which permits any non-commercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. Library of Congress Cataloging-in-Publication Data Names: Jureidini, Ray, editor. | Hassan, Said Fares, editor. Title: Migration and Islamic ethics : issues of residence, naturalisation and citizenship / edited by Ray Jureidini, Said Fares Hassan. Description: Leiden ; Boston : Brill, 2020. | Series: Studies in Islamic ethics, 2589-3947 ; vol. 2 | Includes bibliographic references and index. | Summary: “Migration and Islamic Ethics, Issues of Residence, Naturalisation and Citizenship addresses how Islamic ethical and legal traditions can contribute to current global debates on migration and displacement; how Islamic ethics of muʾākhā, ḍiyāfa, ijāra, amān, jiwār, sutra, kafala, among others, may provide common ethical grounds for a new paradigm of social and political virtues applicable to all humanity, not only Muslims. The present volume more broadly defines the Islamic tradition to cover not only theology but also to encompass ethics, customs and social norms, as well as modern political, humanitarian and rights discourses. The first section addresses theorizations and conceptualizations using contemporary Islamic examples, mainly in the treatment of asylum-seekers and refugees; the second, contains empirical analyses of contemporary case studies; the third provides historical accounts of Muslim migratory experiences”-- Provided by publisher. Identifiers: LCCN 2019039745 (print) | LCCN 2019039746 (ebook) | ISBN 9789004406407 (hardback) | ISBN 9789004417342 (ebook) Subjects: LCSH: Asylum, Right of--Religious aspects--Islam. | Emigration and immigration--Religious aspects--Islam. | Iraq War, 2003-2011--Refugees. | Syria--History--Civil War, 2011---Refugees. | Islamic ethics. Classification: LCC BP190.5.A85 M54 2020 (print) | LCC BP190.5.A85 (ebook) | DDC 297.2/7--dc23 LC record available at https://lccn.loc.gov/2019039745 LC ebook record available at https://lccn.loc.gov/2019039746 Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill-typeface. issn 2589-3947 isbn 978-90-04-40640-7 (hardback) isbn 978-90-04-41734-2 (e-book) Copyright 2020 by the Authors. Published by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi, Brill Sense, Hotei Publishing, mentis Verlag, Verlag Ferdinand Schöningh and Wilhelm Fink Verlag. Koninklijke Brill NV reserves the right to protect the publication against unauthorized use and to authorize dissemination by means of offprints, legitimate photocopies, microform editions, reprints, translations, and secondary information sources, such as abstracting and indexing services including databases. Requests for commercial re-use, use of parts of the publication, and/or translations must be addressed to Koninklijke Brill NV. This book is printed on acid-free paper and produced in a sustainable manner. ContentsContents v Contents List of Figures and Tables VII Notes on Contributors VIII XIII 1 Introduction 1 Ray Jureidini and Said Fares Hassan 2 Islamic Ethics, Human Rights and Migration 13 Khaled Abou El Fadl 3 The Living Fiqh, or Practical Theology, of Muslim Humanitarianism 28 Abbas Barzegar 4 Jiwār: from a Right of Neighbourliness to a Right to Neighbourhood for Refugees 47 Tahir Zaman 5 “Seeking a Widow with Orphaned Children”: Understanding Sutra Marriage Amongst Syrian Refugee Women in Egypt 67 Dina Taha 6 The Islamic Principle of Kafala as Applied to Migrant Workers: Traditional Continuity and Reform 92 Ray Jureidini and Said Fares Hassan 7 Normativity of Migration Studies Ethics and Epistemic Community 110 Sari Hanafi 8 How do Muslim States Treat their “Outsiders”?: Is Islamic Practice of Naturalisation Synonymous with Jus Sanguinis? 136 Radhika Kanchana 9 The Obligation to Migrate and the Impulse to Narrate: Soviet Narratives of Forced Migration in the Nineteenth Century Caucasus 154 Rebecca Ruth Gould Contents Contents Figures and Tables Notes on Contributors Chapter 1 Introduction 1 Ray Jureidini and Said Fares Hassan Chapter 2 “Islamic Ethics, Human Rights and Migration” 13 Khaled Abou El Fadl vi Contents Chapter 3 The Living Fiqh, or Practical Theology, of Muslim Humanitarianism 28 Abbas Barzegar 10 Experiences of Uyghur Migration to Turkey and the United States: Issues Chapter 4 Jiwār: from a Right of Neighbourliness to a Right to Neighbourhood for Refugees 47 of Religion, Law, Society, Residence, and Citizenship 174 Tahir Zaman Mettursun Beydulla Chapter 5 “Seeking a Widow with Orphaned Children”: Understanding Sutra Marriage Amongst Syrian Refugee Women in Egypt 67 Dina Taha Chapter 6 11 Arab Immigrants under Hindu Kings in Malabar: Ethical Pluralities of The Islamic Principle of Kafala as Applied to Migrant Workers: Traditional Continuity and Reform 92 “Naturalisation” in Islam 196 Ray Jureidini and Said Fares Hassan Chapter 7 Abdul Jaleel P.K.M. Normativity of Migration Studies Ethics and Epistemic Community 110 Sari Hanafi Chapter 8 Index 215 How do Muslim States Treat their “Outsiders”?: Is Islamic Practice of Naturalisation Synonymous with Jus sanguinis? 136 Radhika Kanchana Chapter 9 The Obligation to Migrate and the Impulse to Narrate: Soviet Narratives of Forced Migration in the Nineteenth Century Caucasus 154 Rebecca Gould Chapter 10 Experiences of Uyghur Migration to Turkey and the United States: Issues of Religion, Law, Society, Residence, and Citizenship 174 Mettursun Beydulla Chapter 11 Arab Immigrants under Hindu Kings in Malabar: Ethical Pluralities of “Naturalisation” in Islam 196 Abdul Jaleel Index 215 FiguresFigures and Tables and Tables vii Figures and Tables Figures 3.1 Five crucial dimensions of human development 37 9.1 Map of Terek province (Riabchenko 1913) 165 10.1 The Xinjiang Uyghur Autonomous Region. Source: Millward 2007, page xx 176 Tables 7.1 Number and percentage of articles by language 128 7.2 Geographical regions of the journals 128 7.3 Types of institutional affiliation 129 7.4 The discipline of the first author 129 7.5 Country of the affiliated institutions 129 7.6 Year of publication 130 7.7 Types of articles 130 7.8 Geographical scope of the articles 131 7.9 Frequency of keywords by language 131 7.10 Methods used (multiple responses) 132 8.1 Jus sanguinis in selected muslim-majority states—access to naturalisation in the citizenship policies 141 8.2 Nationality law in the GCC states and the length of residence for na turalisation 146 viii Notes on Contributors Notes On Contributors Notes on Contributors In alphabetical order. Dr. Khaled Abou El Fadl is one of the world’s leading authorities on Islamic law and Islam, and a prom- inent scholar in the field of human rights. Dr. Abou El Fadl holds a BA in Po- litical Science from Yale University, a J.D. from the University of Pennsylvania Law School, and an MA and PhD in Islamic law from Princeton University. He is the Omar and Azmeralda Alfi Distinguished Professor in Islamic Law at the UCLA School of Law where he teaches International Human Rights, Islamic Jurisprudence, National Security Law, Law and Terrorism, Islam and Human Rights, Political Asylum, and Political Crimes and Legal Systems. He is also the Chair of the Islamic Studies Interdepartmental Program at UCLA. Among his many honours and distinctions, Dr. Abou El Fadl was awarded the University of Oslo Human Rights Award, the Leo and Lisl Eitinger Prize in 2007, and named a Carnegie Scholar in Islamic Law in 2005. He was previously appoint- ed by President George W. Bush to serve on the US Commission for Interna- tional Religious Freedom, and also served as a member of the board of directors of Human Rights Watch. He continues to serve on the advisory board of Mid- dle East Watch (part of Human Rights Watch) and regularly works with human rights organizations such as Amnesty International and the Lawyers’ Commit- tee for Human Rights (Human Rights First) as an expert in a wide variety of cases involving human rights, terrorism, political asylum, and international and commercial law. Dr. Abou El Fadl is the author of 14 books and over 50 ar- ticles on various topics in Islam and Islamic law. Dr. Abbas Barzegar is an Assistant Professor of Religion at Georgia State University (GSU) and a term member of the Council on Foreign Relations. At GSU he co-directs two interdisciplinary research projects: Civic Approaches to Conflict Resolution in the Muslim World, and After Malcolm: Islam and the Black Freedom Struggle. He received his PhD in 2010 from Emory University specializing on
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