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Oxford Islamic Legal Studies Sharī'a OUP CORRECTED PROOF – FINAL, 12/10/2015, SPi OXFORD ISLAMIC LEGAL STUDIES Series Editors: Anver M. Emon, Clark B. Lombardi, and Lynn Welchman SHARĪ‘A AND MUSLIM MINORITIES OUP CORRECTED PROOF – FINAL, 12/10/2015, SPi OXFORD ISLAMIC LEGAL STUDIES Series Editors: Anver M. Emon, Clark B. Lombardi, and Lynn Welchman Satisfying the growing interest in Islam and Islamic law, the Oxford Islamic Legal Studies series speaks to both specialists and those interested in the study of a legal tradition that shapes lives and societies across the globe. Islamic law operates at several levels. It shapes private decision making, binds communities, and it is also imposed by states as domestic positive law. The series features innovative and interdisciplinary studies that explore Islamic law as it operates at each of these levels. The series also sheds new light on the history and jurispru- dence of Islamic law and provides for a richer understanding of the state of Islamic law in the contemporary Muslim world, including parts of the world where Muslims are minorities. OUP CORRECTED PROOF – FINAL, 12/10/2015, SPi Sharī‘a and Muslim Minorities The wasaṭī and salafī approaches to fiqh al-aqalliyyāt al-Muslima URIYA SHAVIT 1 OUP CORRECTED PROOF – FINAL, 12/10/2015, SPi 3 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © U. Shavit 2015 The moral rights of the author have been asserted First Edition published in 2015 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2015953463 ISBN 978–0–19–875723–8 Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. OUP CORRECTED PROOF – FINAL, 12/10/2015, SPi To the memory of Joseph Kostiner, a teacher, a friend, a noble soul OUP CORRECTED PROOF – FINAL, 12/10/2015, SPi Series Editors’ Preface Sharīʿa and Muslim Minorities is a work of intellectual history that offers a sustained analysis of two competing approaches to Islamic legal inter- pretation among contemporary Muslims. Focusing on the fiqh al-aqal- liyyāt al-Muslima, or the fiqh of Muslim minorities, Uriya Shavit lays bare the contours of both the wasaṭiyya and salafiyya approaches to interpret- ation, and explores their substantive disagreement regarding legal issues facing Muslim minorities in Europe and North America. Drawing upon both fieldwork and an extensive (and often difficult to locate) archive of publications, Shavit cautions readers against making simple assumptions about what Sharīʿa is or what Muslims believe. A work of intellectual history, Sharīʿa and Muslim Minorities illuminates the internal debates, conflicts, and disagreements that have led to these distinct intellectual approaches that reflect on law and religion in the modern state. Shavit has laid an important foundation for future research on a number of topics of great interest to the academy today. Anver M. Emon Clark B. Lombardi Lynn Welchman OUP CORRECTED PROOF – FINAL, 12/10/2015, SPi Note on Transliterations Book titles, institutions, and authors referenced from English-language sources appear in the references as in the original texts. Thus, a number of names appear in various transliterations. OUP CORRECTED PROOF – FINAL, 12/10/2015, SPi Introduction to Sharī‘a and Muslim Minorities University Press Scholarship Online Oxford Scholarship Online Sharī‘a and Muslim Minorities: The wasati and salafi approaches to fiqh al-aqalliyyat al-Muslima Uriya Shavit Print publication date: 2015 Print ISBN-13: 9780198757238 Published to Oxford Scholarship Online: December 2015 DOI: 10.1093/acprof:oso/9780198757238.001.0001 Introduction to Sharī‘a and Muslim Minorities Uriya Shavit DOI:10.1093/acprof:oso/9780198757238.003.0001 Abstract and Keywords The introduction presents the main theses of the book, its structure, and the corpus studied. It also includes a critical review of the existing academic literature in the field. Keywords: wasaṭiyya, salafiyya, Muslims, religious law, Muslim minorities The hijra, or migration, constitutes the defining moment in Muslim history. It marks the beginning of the Muslim calendar and the crossroads between persecution and ascendance. The Prophet Muḥammad was forced to leave his hometown of Mecca in AD 622 with a group of several dozen supporters and settle in a new territory, Yathrib, which he renamed al-Madīna and from where he continued to spread Allah’s final message. Throughout Muslim history, both before and after the hijra, there have been numerous instances of Muslims residing Page 1 of 18 PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2015. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy). Subscriber: University of York; date: 12 June 2016 Introduction to Sharī‘a and Muslim Minorities under non-Islamic rule: the migration of some one hundred Muslims to Ethiopia in 615–16, where they found shelter under a Christian king; the continued presence of some Muslims in Mecca after the Prophet established a new community in al-Madīna; and periods where millions of Muslims resided in lands that were occupied as a result of Christian military campaigns, from the Reconquista to modern imperialism. While migration constitutes the formative myth of Islam, and while the condition of Muslims living as a minority is not a novelty in Islamic history, the movement of millions of Muslims to Western lands since the end of the Second World War presented jurists with a new conceptual challenge. The Muslims who migrated to Ethiopia did so when no Muslim state existed and with the blessing of the Prophet. The hijra led by the Prophet transferred believers from one infidel society to another, where their prospects were better. The Muslims who remained in Mecca after the hijra were natives of the town and had the Prophet’s consent. Muslims who continued to live under Christian occupiers clung to ancestral lands and some had no alternative but to stay put. Post-Second World War migration to the West was the first time in history in which masses of (p.2) Muslims voluntarily and individually left Muslim lands and settled in non-Muslim lands, in most cases for the purpose of improving their economic situation. Thus, their choice created an unprecedented theological- juristic challenge of legitimacy. Adding to this fundamental difficulty were those migrants’ encounters with numerous modern and post-modern norms that appeared to conflict with Islamic norms. These ranged from the permissibility of naturalization in secular Western states to that of celebrating Valentine’s Day, to that of eschewing fasting during Ramaḍān to pursue careers as professional athletes. Some religio-juristic difficulties resulted from attacks on multiculturalism and from anti-Muslim sentiments that proliferated in the West, particularly during the 2000s. Some resulted from cultural divides between integrated second-generation Muslim migrants and the first generation. Still other challenges resulted from financial Page 2 of 18 PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2015. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy). Subscriber: University of York; date: 12 June 2016 Introduction to Sharī‘a and Muslim Minorities hardships encountered by Muslims in the West, many of who came from modest backgrounds. Westerners who converted, or considered converting to Islam, also generated new and complicated opportunities and hurdles. The field of jurisprudence that examines the legitimacy of voluntary, modern migration to and residence in non-Muslim societies and addresses specific, everyday challenges that Muslim minorities confront is called fiqh al-aqalliyyāt al- Muslima. This field draws from the religio-juristic heritage that developed in relation to previous minority conditions while struggling to resolve dilemmas that have not been treated by jurists of the past. Based on a comparative analysis of several thousand religio- juristic treatises and fatwās, this book examines the origins, evolution, ideologies, methodologies, and fatwās of two preeminent and contesting contemporary approaches to fiqh al-aqalliyyāt al-Muslima—the wasaṭī, associated with al-Azhar graduates, led by the Egyptian Qatar-based Yūsuf al-Qaraḍāwī and institutionalized through the Dublin-based European Council for Fatwa and Research, and the salafī, associated with Saudi Arabiaʼs religious establishment, led by the late ‘Abd al-‘Azīz b.
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