FEATURE

ISLAM IN How a religion became a matter for public policy—and what to do about it.

ver the last forty years, there has been There are massive differences between Muslim mass migration from Muslim countries immigration to Western Europe and to Australia, into the countries of Western Europe. just as there are differences between the experiences This migration has been varied in its of Western European countries. Nevertheless, Ocharacter and has led to a variety of problems of some recent books dealing with Europe may be social policy. These range from the introduction of helpful in illuminating issues which have arisen in unfamiliar practises and ways of life and the need Australia—for example, Europe’s Angry to develop policy accommodations to them to—in by Robert S. Leiken, The Emancipation of recent years—questions of participation in overseas Europe’s Muslims by Jonathan Laurence, and A armed conflict and terrorism. New Anthropology of by John R. Bowen, all The issues are complex, not only because this published in 2012. immigration has come from a variety of countries Particularly interesting is Innes Bowen’s Medina and social settings but also because the character in Birmingham, Najaf in Brent (2014), which of Islam is as complicated as Christianity’s and reports on seven years of interviews with various the attitudes of Muslims to Islam is as varied as British Muslims from different groups to try to Christians’ to Christianity. Suppose that you had get a picture of their differing interpretations of a new neighbour, a Buddhist from Sri Lanka. At Islam. Bowen’s account is fascinating and full of a certain point he asks you: are you a Christian? insights—for example, that the British government If you say yes, he might go on to ask you not just spent its time consulting with a “representative” about your own attitudes but about the varieties Muslim group dominated by people of similar of Christianity to be found in Australia and their background to ’s Muslim Brotherhood, which beliefs and practices, some of which he might is in no way sociologically representative of the find bewildering. nation’s Muslim population. It seems clear that unless you happen to In the rest of this article, I will pose some be a sociologist of religion, you will not be of questions and make some much assistance to your neighbour. Just how do suggestions in the light of some of Methodists differ from Baptists or Quakers? Just the issues raised by Bowen’s book. what do the Salvos believe? Why do Anglican My intention is to open up issues bishops dress like that? How is it that, within for discussion, rather than to lay Catholicism, there are people who differ quite down authoritative answers. radically in their beliefs? What about Hillsong, or What are the issues posed the Greek and other Orthodox churches? If you by Muslim immigration into consulted members of each group, you might get some explanations. But even then, what was told to you about the “official” views of each group might Jeremy Shearmur is emeritus fellow at the School of not be of much help in understanding just what a Philosophy at Australian National University, Canberra. He particular individual does or does not believe—not would like to thank several scholars who have given him least because much religious affiliation in Australia useful critical feedback on earlier versions of this essay. is nominal.

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historically non-Muslim countries such as Abdalla’s “Sacred Law in Secular Land: To Australia? Islam is a monotheistic religion in the What extent Should Law be followed in same tradition as Judaism and Christianity, based Australia?” in The Griffith Law Review, 21 Issue 3 on revelations to Mohammed across varying [2012], includes a useful guide to some of these circumstances in his life. The content of Islam developments.) Political factors and economic is based on the Quran, but also on records of change have resulted in striking social change the sayings and actions of the prophet and his in Muslim countries. Traditional patterns of immediate associates. It is closer to traditional authority have been undermined, and influential Judaism than to Christianity, in that it is centred reinterpretations of Islam were undertaken by upon practises and codes of conduct that have been people who did not have a traditional scholarly elaborated in codes of religious law and customary Islamic education, such as Sayyid Qutb in Egypt behaviour. Islam has a mystical tradition and and Abul A’la Maududi in . Their writings traditions of philosophy and theology, and there and social and political movements associated has been cross-fertilisation with Christianity and with them have been influential in Muslim and in Judaism in these areas. There have been divisions Western countries. within Islam, the most important of which is With such diversity, there are few solid between the majority Sunni and the minority conclusions that can be drawn from the fact that an Shiite. My concern here will be with the Sunni, for individual is a Muslim. Indeed, it may be as much reasons of space. a marker of their ethnic or cultural background as it is a real guide to their religious beliefs and With such diversity, there are few solid observances—as may indeed be the case for people conclusions that can be drawn from who are Jewish, or Catholic. the fact that an individual is a Muslim. A Matter of Public Policy One might then ask: why have issues to do with is distinctive because its Islam become matters of public policy concern in development has been sociologically pluralistic. the West? There would seem to be four reasons. There are no structures of religious authority The first—which is not really an issue for Australia comparable to the Shiite ayatollahs, and given the different background of immigrants consequently, Sunni Muslims in different regions here—is that in some European countries mass have interpreted Islam in different ways. Sunni migration of Muslims from peasant farming Islam encompasses folk religion—including prayer backgrounds introduced traditional practices at the graves of holy men—as well as more legalistic and sensibilities which clash with “Western” and austere practices. The Sufi mystical traditions, ideas. Further problems have then been posed by for example, are less formalistic, although some the collapse, in France and England especially, Sufis are scrupulous in their observance of religious of the kinds of industry in which these migrants law and concerned with its detailed exegesis. initially found employment. Some issues adjusted Religious law is itself a complex matter. There themselves quickly—matters of traditional ritual are, in the Sunni tradition, four schools of law slaughter, for example, can be accommodated easily with different geographical distributions. The main enough once the correct procedures are understood period of their development was pre-modern, in Western abattoirs. In other cases, such as the and in more recent times specialist centres and education of women, it can simply be made clear traditions for the development of religious law that there are requirements for residence in a have been adversely affected by colonialism and by Western country with which anyone living there post-colonial authoritarian regimes. It is also only must comply. relatively recently that specialists in Islamic law Second, there is the question of recognition have addressed issues of Islamic observance for for the purposes of consultation, which is needed those living in Western countries (Mohamad in respect of religious issues which affect the

4 POLICY • Vol. 30 No. 4 • Summer 2014–2015 JEREMY SHEARMUR public realm, such as burial practices and Halal matter between only them and God. At another certification. On the face of it, what is needed in level, there may be practices which are customary, this context is community-wide agreement among but for which an authoritative religious rationale those who are observant on a single standard cannot be provided. Third, there may be practices which anyone interested can understand, for which religious scholars may argue are required which public provision is made when needed, and of the observant Muslim. At the same time, it is which is protected by law. (Obviously those who important to bear in mind that experts in Islamic wish a more exacting standard can operate their jurisprudence—compare the account in Abdalla— own credentialing system—compare Jewish “glatt have argued that in a country like Australia, kosher” dietary certification.) Muslims are obliged to obey the established law On wider issues, consultation would need to (so that issues about punishment under Sharia law be done on a sociologically representative basis. simply do not arise). However, what is appropriate is not always easy to determine. Young Muslims may feel that their Sharia courts have a role to play, in Western community should not have as its spokesmen those countries, in the adjudication of civil and whom they regard as old foreigners with beards family issues. (although these may be the very people who need to be consulted on, say, issues about burial rites). Those for whom being Muslim is as much an ethnic Let us start with the first two cases. Here, it as a religious marker may resent it if only women seems to me, all of us should be expected to be who wear the hijab are taken as real Muslims. accommodating to behaviour which is not in Third, there is the issue of Sharia law. The conflict with existing Australian law, even if is observant wish to conduct their private and not usual in the mainstream of Australian society. communal lives in compliance with Sharia law as Issues about women, or, say, ideas concerning a matter of religious duty, just as observant Jews homosexuality, may give rise to problems; but wish to comply with their religious laws. I would these are not matters which arise only in respect suggest that Sharia courts have a role to play, in of Islam. In broad terms, it would seem that the Western countries, in the adjudication of civil and best that we can do is to stress that everyone in family issues—again, there is a precise parallel with Australia must be educated in such a way that rabbinical courts such as the Beth Din. (The status they understand the workings, norms, and values of these courts vis-à-vis the legal system is akin to of Australian society, and then that everyone that of people using private arbitration to settle has a choice—which the law should protect— business or family disputes.) These matters are as to whether or not they wish to continue to particularly pressing in regards to divorce, where comply with codes of behaviour which differ rulings made in Australia should be such as will from those of the wider Australian society. be taken as valid in people’s country of origin. In Individual choice with regard to religion and each case—Orthodox Jewish and Muslim—there in moral and ethical matters is a fundamental may be clashes of sensibility with the liberal and feature of Australian , and Muslims—and feminist attitudes of contemporary Australian indeed members of any other religious group— society. But these issues must surely be handled cannot expect that their doctrines here will be with care—as, say, they need to be in relation to given priority. conservative Christian sects. At the same time, where there are clashes The issues of religious observance and respect with existing law, it would seem important that for people’s religious practises on the part of the approaches can be made to request that the law wider population, as well as proper government should be changed. These would obviously be attitudes towards it, pose some difficult problems. most pressing in cases in which there was scholarly At one level, the interpretation of Islam is up to authority behind the practice in question—such the individual believer, and issues about it are a that a Muslim Sharia Court would look particularly

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helpful. Such a body, indeed, might anyway wish Islamic jurisprudence. (Clearly, discussion and to negotiate with the government concerning the disagreement will continue; but such a body would recognition of food preparation and certification, seek to clarify what can be agreed on, to date.) burial practises, etc. They would, then, be in a These can play an important role in providing particularly good position to offer arguments on guidance to Muslims as to what is required of them other issues—e.g. as to where particular established in Australia if they wish to be properly observant practises are problematic for observant Muslims. (which is important for people whose practises are And there would seem every reason that the traditional, but where they are now living in a new government should accommodate such concerns— country.) Such courts can also play a vital role in as has been the case with regard to Jewish religious making clear that what some bloodthirsty radicals observance, or most governments with regard to are claiming are the requirements of Islam, are Sikhs where exemptions are typically made to simply incorrect. the law for those who, for religious reasons, wear Fourth, it could play an important role in a turban, from the wearing of cycle helmets and discussing with legal scholars and with government other headgear. At the same time, there could where there are points of tension with Australian well be points on which governments in countries law and practises, and what might be done such as Australia would not be willing to make about them, something which would allow for concessions—as, say, they would not, in respect to communication and learning in both directions. the wish of Sikhs to wear a ceremonial dagger. Given that, in all this, we are dealing with issues of public recognition, it would seem to me At the same time, there could well be points important to make use of a scholarly body aiming at on which governments in countries such consensus on key issues, rather than relying on the as Australia would not be willing to judgements of individual scholars. Lastly, there is the question of warfare and make concessions. current issues about the so-called “Islamic State.”

There will doubtless be those in Australia who The Camel in the Room would be concerned about the development of The traditions of Islam and Christianity differ Sharia courts, even understood as operating in a with regard to issues about warfare. Marmaduke private capacity, as does a Beth Din in Australia. Pickthall, an early twentieth century convert to This, however, does not amount to the introduction Islam and the son of an Anglican clergyman, argued of a pluralistic legal system: its authority would be that Muslim approaches were to be preferred as voluntary. It would seem to me to have four specific giving a clearer justification for legitimate force. benefits. First, it would make it clear what is and There is within Islam a well-developed tradition what is not a requirement of religious observance treating the circumstances in which it is and is not (as opposed to a matter of individual choice, legitimate to go to war and how war should be or customary practise), which I have suggested conducted, which is comparable to but also differs is significant, in terms of what makes a strong in significant ways from modern Western ideas. claim for public recognition. Second, it would However, one hears from some contemporary serve as a vehicle for the development of Islamic Muslims some views that are radically different jurisprudence in a manner that relates to conditions from current Western standards and which have of life in Australia (paralleling developments in been used to justify some horrific actions. Europe). This is important in clarifying just what The explanation of this would seem to beas the obligations of observance are—and are not— follows. There have been two relatively recent for Muslims in a non-Muslim country. movements in Islam, which have rejected both Third, it would serve to address what seems to traditional folk practises and in many cases me the crucial issue of making available scholarly, formal Islamic jurisprudence: “Salafis,” who seek authoritative. yet practical interpretations of to return to the Islam of the Prophet and his

6 POLICY • Vol. 30 No. 4 • Summer 2014–2015 JEREMY SHEARMUR immediate associates, and “Islamists” such as Qutb scholarly tradition. (This has at times led to some and Maududi. The concerns of both groups are alarming political views among Protestants, too— primarily with personal piety (and in the case of for example, those that led up to the execution of the Islamists, with the creation of social welfare King Charles I in England.) When confronted with and political movements). There are certain the problem that different texts say contrasting parallels, here, with Protestantism, not least its things, those who reject their faith’s scholarly iconoclasm and emphasis on doctrinal purity. tradition are at a disadvantage, since reconciling But one consequence of these developments, has conflicting passages is one of religious scholarship’s been to open the Quran and to direct purposes. interpretation, without the kinds of finesse, Direct recourse to one’s own interpretation of reconciliation of contrasting passages, and making the Quran and hadiths, without benefit of training of allowances for circumstances, which have in traditional scholarship, opened up the possibility been part of the scholarly tradition of Islamic for some politically radical interpretations. Such jurisprudence. ideas, supported by direct appeal to textual material, The problem is that such approaches—not least can have an obvious appeal to the young, especially with the more general growth of literacy—have led when accompanied by appeals to emotion and to in some cases to “do it yourself” interpretation, recent traumas for Muslims across the world. It and the reading from some texts of radical must be stressed, however, that these interpretations messages that the scholarly tradition would not of Muslim texts and traditions are highly have countenanced. For this, there has been an controversial and would standardly be repudiated audience among Muslims across the world in by Muslim scholars. areas undergoing dramatic social change. While in Western countries, such views—which are typically When confronted with the problem that presented using rational argument, with scholarly different texts say contrasting things, those textual support (compare, here, Abdullah Yusuf Azzam’s Join the Caravan)—have had some appeal who reject their faith’s scholarly tradition are to Muslims in Western countries growing up in at a disadvantage. traditionalist settings, or to converts. Some radical ideas have struck a chord among They are also not the kind of thing which appeals some British Muslims. The practices of their to ordinary Muslims. If, say, your neighbour is a parents—often drawn from their traditional Muslim—even someone who is a reader of Qutb— life in the subcontinent—did not seem to fit the he would be no more likely to sympathize with circumstances in which these young people were such radical views than your evangelical Christian growing up. The older generation typically offered neighbour would be to sympathise with calls for no theoretical justification for what they were the execution of Queen Elizabeth. Most Australian doing and teaching, nor any instruction beyond Muslims not only have no sympathy with their mechanical recitation of the Quran. This led the radical co-religionists’ headline-catching behaviour, younger generation, and converts as well, to be but also have no more ability to debate the pros very open to a redefinition of Islam along more and cons of the arguments that are offered for radical and rationalistic lines. This in some cases it, than an ordinary Australian Christians would has included hatred directed at other religious have concerning arcane interpretations of the groups—including Shiite Muslims—and appeals to Book of Revelation. get involved in actions such as those of the so-called “Islamic State.” Going Forward There is a parallel in this, too, with aspects of In light of these problems, what might be done? I the history of Protestantism. This has emphasised offer five suggestions. The first is that, for the sake that each individual can interpret the Bible for of the protection of their own young people and himself, without needing to be guided by a also the good name of Islam, it is important that the

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Muslim community set up a program of education, in the U.S. Here, Abdalla’s work points towards including appropriate religious scholarship. Young important developments in Europe which might people are idealistic, and this makes them open to serve as a model. radical ideas. Those from traditional backgrounds I will conclude with two suggestions directed but growing up in Australia may be particularly towards the government. First, Western vulnerable, for reasons already discussed in governments, in my view, should not get involved connection with England. It is ineffectual, in the in attempts to interpret Islam, or to support face of rationalistic radicalism, simply to reaffirm “moderates.” It is not only offensive but also tradition. (Equally ineffectual, it seems to me, is counter-productive if non-believers try to get to ban the publication of such radical material, involved in such issues. Offensive, because it is as government has done, not least obviously problematic if they try to tell people considering that it is often freely available on the what they should believe; counter-productive, Internet.) as it would surely serve to undermine the appeal Second, Muslims ought to inform the rest of “moderate” scholars if they were seen to be of us about Islam and explain the sensitivities of in the pay of the Australian government. What Muslims. Non-Muslims face a range of behaviour, governments can—and in my view should—do dress, and concerns that are foreign to them—what, here, is to make use of the law against incitements they might ask, was the precise nature of Muslim to racial or religious hatred (including of fellow concerns about the Danish cartoons or Salman Muslims), or against those who try to entice others Rushdie’s novel? What is the rationale behind certain to take part in illegal activities, fighting for overseas observant Muslims’ ways of eating, or dressing? The governments or other military groups. The offences, answers to these questions are not obvious to a here, can be defined in purely secular terms, and non-Muslim, and non-Muslims can hardly respect to pursue them, and to inform everyone that they Muslim concerns if they are not made clear and are offences which will be taken seriously, does not intelligible. This requires Muslims’ being willing to involve issues of a religious character at all. educate and to inform, which involves some hard Second, Innes Bowen’s book has been heralded work. There will, however, surely be other informed as invaluable in early reviews by both Muslims and parties who will be happy to assist. There is also an non-Muslims. At the same time, it has obvious obligation on the part of the rest of the Australian limitations—for example, its concern with the population to take seriously such issues when they “official” positions of various groups to the exclusion are raised by our fellow citizens. of the views, ideas, and aspirations of groups’ Third, there is a wider issue for observant ordinary members. But Bowen is a BBC journalist Muslims as to how Sharia law is to be interpreted in and the work for this book was undertaken in her ways which are authentic but which also make sense spare time. Important research underlying her book under modern conditions. There are many difficult was done by an English convert to Islam, Mehmood issues here, including the idea that the “doors of Naqshbandi, who works full-time in IT and spends interpretation” are now closed and the question his own time documenting the distribution and of the reestablishment of scholarly authority. In affiliation of in Britain. Given that addition, there may be some aspects of modern life Bowen was able to show in passing that on several to which the observant are legitimately reluctant occasions government advisors did not know what to accommodate themselves. Still, on the face of they were talking about when dealing with issues it, something missing in Australia is a tradition of related to Islam, it seems a scandal that such work orthodox scholarship concerned with conditions is not being undertaken—and properly funded— of life in current circumstances—perhaps a within departments of , anthropology, and Muslim equivalent of Modern Orthodoxy or Islamic Studies. There is surely a lesson here, and the conservative wing of Conservative Judaism not just for the UK.

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