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UMI* TEXTS OF TENSION, SPACES OF EMPOWERMENT: Migrant Muslims and the Limits of Shi'ite Legal Discourse Linda Darwish A Thesis in The Department of Religion Presented in Partial Fulfillment of the Requirements For the Degree of Doctor of Philosophy at Concordia University Montreal, Quebec, Canada February 2009 © Linda Darwish, 2009 Library and Archives Bibliotheque et 1*1 Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington OttawaONK1A0N4 Ottawa ON K1A 0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-63456-1 Our file Notre reference ISBN: 978-0-494-63456-1 NOTICE: AVIS: The author has granted a non­ L'auteur a accorde une licence non exclusive exclusive license allowing Library and permettant a la Bibliotheque et Archives Archives Canada to reproduce, Canada de reproduce, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par Plntemet, preter, telecommunication or on the Internet, distribuer et vendre des theses partout dans le loan, distribute and sell theses monde, a des fins commerciales ou autres, sur worldwide, for commercial or non­ support microforme, papier, electronique et/ou commercial purposes, in microform, autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in this et des droits moraux qui protege cette these. Ni thesis. Neither the thesis nor la these ni des extraits substantiels de celle-ci substantial extracts from it may be ne doivent etre imprimes ou autrement printed or otherwise reproduced reproduits sans son autorisation. without the author's permission. In compliance with the Canadian Conformement a la loi canadienne sur la Privacy Act some supporting forms protection de la vie privee, quelques may have been removed from this formulaires secondaires ont ete enleves de thesis. cette these. While these forms may be included Bien que ces formulaires aient inclus dans in the document page count, their la pagination, il n'y aura aucun contenu removal does not represent any loss manquant. of content from the thesis. •+• Canada ABSTRACT Texts of Tension, Spaces of Empowerment: Migrant Muslims and the Limits of Shi'ite Legal Discourse Linda Darwish, Ph.D. Concordia University, 2009 This dissertation examines fatwas (expert legal opinions) produced by the Shi'ite legal establishment (marji'Tyah) for Shi'ites in the West, looking at the construction, support, and communication of minority Muslim identity in the Western cultural context. Its significance lies in examining how law is socially relevant to the construction of identity in relation to the religious or cultural other, how it may be used to negotiate tensions, to compensate for feelings of otherness and powerlessness, and to strengthen group solidarity. Shi'ite legal methodology makes a strong claim to a dynamic method of legal reasoning (ijtihad), continually responding to changing social conditions. Contemporary migration provides a case study by which to observe and evaluate its exercise in meeting practical, ethical, and moral challenges. Is migration a place for unprecedented innovation in legal interpretation? Does the law open up to the possibility of change in the Western context? What social, rhetorical, or ideological factors might propel or restrain ijtihadl Moreover, the fatwa genre of law is not restricted to experts but brings the recipients of the law into dialogue with the law-givers. It is this "interpretive relation" between scholar, layperson, and social context that generates the conclusions of my study. Laypersons appear to be highly optimistic regarding the law's possibilities for legitimizing cultural adaptation and see its flexibility as essential to supporting a iii "selective engagement" model of minority identity. In contrast, by adhering largely to the classical Qur'anic model of hijrah and to an ideological conception of Muslim-other relations that posits a strong differentiation of the non-Muslim "other," scholars are able to largely avoid high-risk ijtihad, while promoting a "resistance model" of minority identity. Scholars exhibit the perception that religious safety depends on the construction of Muslim spaces bounded by normatively enjoined words, symbols and practices. However, in place of the power of force, which nearly always accompanied hijrah in the classical model, scholars uphold what they describe as Islamic morality, not simply as a legal imperative, but as an instrument of empowerment and influence. It is this positioning of piety and morality as a means of empowerment that makes the contemporary legal discourse socially relevant. IV ACKNOWLEDGEMENTS This thesis would not have been written without the steadfast guidance and patient support of my primary advisor, Dr. Lynda Clarke. Her wealth of knowledge, insightful comments, and careful attention to detail were of tremendous help to me throughout this long process. Her flexibility and sense of humour also helped to make a very difficult task seem possible. I have learned much through my relationship with her both academically and personally, for which I am very grateful. Dr. Norma Joseph, also on my advisory committee, offered consistent encouragement and support. During the final weeks of the process I waited anxiously for the response from her reading of the completed draft, as well as that of Dr. Ira Robinson, a late-comer but not less valuable member of the committee. Their comments were both helpful and encouraging. Having done the best that I could under the guidance of these esteemed scholars, it goes without saying that any shortcomings in this work are the fault of the author alone. Questions and comments from my external examiners, Dr. Liyakat Takim at the University of Denver, and Dr. Homa Hoodfar of the Department of Anthropology at Concordia University helped to give fresh consideration to diverse areas of the research. I am also grateful to my committee, including an earlier member, Dr. Michel Desplant, for supporting my applications for financial assistance, without which this thesis might never have seen the light of day, and to the Department of Religion for entrusting me with teaching responsibilities from the early days of my doctoral work. Their unwavering support through that first term of an almost literal "trial by fire" is something I will not easily forget. Opportunities for teaching assistance in the Department of Religion, the Department of Classics, Linguistics and Modern Languages, v and the School of Graduate Studies Doctoral Teaching Assistantship in 2006, were also of great benefit to me both financially and professionally. I would like to recognize and thank the Power Corporation of Canada for their generous support from 2004 to 2006; the Social Sciences and Research Council of Canada for a grant from 2003 to 2004; Fonds pour la Formation de Chercheurs et 1'Aide a la Recherche (FCAR) for their support from 2001 to 2003; and Concordia University for their financial support from 2001 to 2004. The Quebec Ministry of Education (MEQ) Student Mobility Bursary Program provided me with financial assistance for a language study and research trip to Iran in the summer of 2003. Tina Montandon and Munit Merid, administrative assistants in the Department of Religion are the absolute best! My now long years of acquaintance with them have only added to the number of blessings I have received in my life. The staff members of Concordia's Webster Library, McGill's Institute of Islamic Studies Library, and that of Mount Allison University, where I taught from 2007 to 2008, were always as cheerful as they were helpful. My friends and family, especially my parents, have been a great support and encouragement. Walks with friends in winter or summer, cups of coffee, meals, glasses of wine, prayers, and conversations whether on or off the topic, all contributed in some meaningful way to the work and, far more so, to its author. Finally, this thesis is dedicated to my mother and the memory of my dear father, whose wish to see the completed work before his sudden death in 2006 remained unfulfilled. I had, however, sent him a lengthy summary of the work until that point, which he read. In typical fashion, his excitedly positive comments far exceeded the worth of the work then in his hands. vi TABLE OF CONTENTS Introduction 1 Muslims in Canada: A Demographic Overview 8 Literature Review 12 Overview of Chapters 31 Part I: Methodological and Theoretical Background 36 1. Methodology 37 Theory and Method 37 a. Discourse analysis 40 b. Legal Context 44 c. Minority Identity 50 Limitations 56 Terminology 58 Primary Source Materials 63 Biographical Sketches 64 Iraq 65 Iran 69 Lebanon 72 2. The Marji'iyah: From Qum to California 75 Ifta': Scholarly Leaders and Lay Followers 75 The Development of the Marji 'iyah: Responsibility and Duty 82 Recent Developments: From Decentralization to Inclusivity 88 The Marji 'iyah in North America: A Problem of Leadership 92 Transcending Distance: Deputies of the Ayatollahs in North America 95 Success of the Marji 'iyah in North America: Unity and Divided Loyalties 97 Fiqh al-Aqalliyat: Between Resistance and Accommodation 101 Conclusion: A Fragile Stability 107 3. The Shi'ite Law of Migration (hijrah): from Medinah to Mississauga 108 The Value of Hijrah: Believers of a Higher Rank Ill Defining Migration: Separation and Commitment 116 From al-Tusi (d. 1067) to al-Qummi (d. 1816): An Enduring Theme ...120 Contemporary Migration to the West: From Protection to Propagation 125 Conclusion: Religious Freedom 132 vn Part II: Analysis offatawa 135 4. Purity, Food, and Commercial Relations: "At Home in the hi/rah"? 136 Shi'ite Muslim Purity Law: Transience and Preclusion 138 The Moral Current of Islamic Purity Law: Qur'anic Terminology 148 Controversial Cleanliness: Non-Muslim Food and Purity in Classical Legal Discourse 153 a.
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