Notes Introduction 1 . Yusuf Talal Delorenzo, “The fiqh Councilor in North America,” in Muslims on the Americanization Path, ed. Yvonne Haddad and John Esposito (Oxford: Oxford University Press, 2000), 66–67. Some of these old questions that have been raised for reconsideration include: Is it permissible to stay in a non-Muslim land, to participate in non-Muslim festivals, to take part in their politics, to eat their food, etc.? Along with these traditional questions, there were new ones that require more subtle investigations. Examples of these would include questions like: Is it allowed to donate one’s blood to a non-Muslim fellow? Is one permit- ted to join a non-Muslim polity? Is it permissible to join a non-Muslim army? 2 . Al-Qaraḍ ā w ī , F ī Fiqh al-Aqalliyy ā t al-Muslimah (Cairo: D ā r Al-Shur ū q. 2001). 3 . ʿ Abd al-H ā d ī al-Sayyid M. Taqi al-D ī n, Al-Fiqh lil-Mughtarib ī n (London: Imam Ali Foundation, 1998). 4 . Ayad Hilal, Studies in Usul al-Fiqh (Walnut Creek, CA: Islamic Cultural Workshop, n.d.) 150. 5 . Tariq Ramadan, To Be a European Muslim (Leicester: The Islamic Foundation, 2000). 6 . Naw ā zil : lit. new incidents; Naw ā zil denotes certain incidents, religious, social, or political, that befall on Muslims and that have no explicit judgments in the Qur ʾ an and Sunnah . The Muslim jurists exerted their efforts to reach an opin- ion, taking into consideration the time, place, and circumstances). See ʿ Abd al-N ā ṣ ir Ab ū Al-Ba ṣ al, “al-Mad-khal il ā Fiqh al-Naw ā zil,” Dir ā s ā t Fiqhiyyah f ī Qa ḍ ā y ā Ṭ ibbiyyah Mu ʿā ṣ irah , vol. 2 (Jordan: D ā r al-Naf āʾ is, 2001). 7 . Incidents and afflictions. 8 . I am indebted to Prof. Khaled Masud’s discussion and work with me during my MPhil studies at ISIM (International Institute for the Study of Islam). He provided a very close categorization to the one used here. Actually, Prof. Masud’s categorization was the inspiration for the one used in the present research. See: Khaled Masud, “Islamic Law and Muslim Minorities,” ISIM Newsletter , vol. 11 (2002): 17. 9 . Calling them literalists does not mean that the medieval jurists were literalists too. Actually, they were “contextualists,” in the sense that their positions were 164 Notes based on the political and social setting of their locality. This may explain why they did not espouse one single unified position pertaining to minority questions. 10 . Fiqh al-aqalliyy ā t or fiqh of minorities or jurisprudence of minority or diasporic jurisprudence, or minority fiqh refer to the same thing. They will be used interchangeably in this study. 11 . Alternative transliteration: Yusuf al-Qaradawi; Yousuf al-Qaradawy. 12 . Alternative transliterations: Taha Jabir al-Alwani; Taha Jabir al-ʿ Alawani. 13 . Khaled Abou El Fadl, “Islamic Law and Muslim Minorities: The Juristic Discourse on Muslim Minorities from the Second/Eighth to the Eleventh/ Seventeenth Centuries,” Journal of Islamic Law and Society , vol. 1, no. 2 (1994): 143–153. Khaled Abou El Fadl, “Muslim Minorities and Self Restraint”; Khaled Abou El Fadl, “Legal Debates on Muslim Minorities: Between Rejection and Accommodation,” Journal of Religious Ethics , vol. 22, no. 1 (Spring 1994): 127–162; Khaled Abou El Fadl, “Striking a Balance: Islamic Legal Discourse on Muslim Minorities,” in Muslims on the Americanization Path , ed. Yvonne Yazbeck Haddad and John Esposito, 47–64. Other sources that trace the legal history of Muslim minorities include: P. S. van Koningsveld and G. A. Wiegers, “Islam in Spain during the Early Sixteenth Century: The Views of the Four Chief Judges in Cairo (Introduction, Translation, and Arabic Text),” in Orientations (Poetry, Politics and Polemics: Cultural Transfer between the Iberian Peninsula and North Africa), ed. Otto Zwartjes, Geert Jan van Gelder, and Ed de Moor (Amsterdam: Rodopi, 1996), 133–152; P. S. van Koningsveld and G. A. Wiegers, “The Islamic Status of the Mudejars in the Light of a New Source,” Al-Qantarah, vol. 17 (1996): 19–58; Bernard Lewis, “Legal and Historical Reflections on the Positions of Muslim Populations under non-Muslim Rule,” in Muslims in Europe , ed. Bernard Lewis and Dominique Schnapper (New York: Pinter Publishers, 1994), 1–18; Muhmmad Khaled Masud, “The Obligation to Migrate: The Doctrine of Hijrah in Islamic Law,” in Muslim Travellers: Pilgrimage, Migration and the Religious Imagination , ed. D. F. Eickelman and J. Piscatori (Berkeley: University of California Press, 1990), 29–49; Muhmmad Khaled Masud, “Being Muslim in a Non-Muslim Polity: Three Alternate Models,” Journal Institute of Muslim Minority Affairs , vol. 10, no. 1 (January 1989): 118–128; Kathryn A. Miller, “Muslim Minorities and the Obligation to Emigrate to Islamic Territory: Two Fatwas from Fifteenth Century Granada,” Islamic Law and Society , vol. 7, no. 2 (2000): 256–288. 14 . Khaled Abou El Fadl, The Great Theft: Wrestling Islam from the Extremists (San Francisco: HarperOne, 2005), 18. 15 . Reported in a number of Hadith sources such as Ab ū D ā w ū d, Sunan Ab ū Daw ū d , Kit ā b al-Mal āḥ im, no 3740. 16 . For a study of the difference between Shariʿ ah and fiqh see: Mohammad Hashim Kamali, “Fiqh and Adaptation to Social Reality,” The Muslim World , vol.86, no. 1 (Hartford Seminary: January 1996), 63–65; Ahmed Mohsen al-Dawoody, War in Islamic Law, Justifications and Regulations , PhD Dissertation, Birmingham Univ., August, 2009, 122–129; Kathleen Moore , Notes 165 The Unfamiliar Abode: Islamic Law in the United State and Britain (Oxford: Oxford University Press, 2010), 7. Khaled Abou El Fadl, “The Place of Ethical Obligations in Islamic Law,” UCLA Journal of Islamic and Near Eastern Law , vol. 4 (2004–5): 15–16. 17 . See chapter 3 . 18 . See chapter 4 . 19 . Jocelyne Cesari, When Islam and Democracy Meet: Muslims in Europe and in the United States (Palgrave: Macmillan, 2004), 42. 20 . Will Kymlicka, Multicultural Citizenship: A Liberal Theory of Minority Rights (Oxford: Oxford University Press, 1996). 21 . H. A. Hellyer, Muslims of Europe, the “Other” Europeans (Edinburgh: Edinburgh University Press, 2009). 22 . Andrew F. March, Islam and Liberal Citizenship:The Search for an Overlapping Consensus (New York: Oxford University Press, 2009). See also: Andrew F. March, “Liberal Citizenship and the Search for an Overlapping Consensus: The Case of Muslim Minorities,” Philosophy and Public Affairs , vol. 34, no. 4 (2006): 373–421. Andrew F. March, “Sources of Moral Obligation to Non- Muslims in the ‘Jurisprudence of Muslim Minorities’ ( Fiqh al-Aqalliyy ā t ) Discourse,” Islamic Law and Society , vol. 16 (2009): 34–94. 23 . Khaled Abou El Fadl, “Muslim Minorities and Self Restraint in Liberal Democracies,” LOYOLA of Los Angeles , vol. 19, no. 4 (June 1996): 1525–1542. 24 . Examples of this trend include Imam Feisal Abdul Rauf and Tariq Ramadan. Although both scholars have different approaches, both subscribe to the idea that liberal democratic principles are part of the Islamic tradition. See Feisal Abdul Rauf, What Is Right with Islam, a New Vision for Muslims and the West (San Francisco: HarperOne, 2004). Tariq Ramadan, Western Muslims and the Future of Islam (Oxford: Oxford University Press, 2005). 25 . Kathleen Moore, The Unfamiliar Abode , 4. 26 . Ibid., 5. 27 . Ibid., 13. 28 . Ibid. 29 . Ibid. 30 . Legality denotes a concern with the legitimacy of the law as rooted in the indi- vidual’s belief and acceptance of legal order. Kathleen Moore, The Unfamiliar Abode , 12. 31 . Ibid., 75. 1 Between Text and Context: The Impact of Textual Literalism and Puritan Ideology on the Life of Muslim Minorities 1 . Jocelyne Cesari, When Islam and Democracy Meet:Muslims in Europe and in the United States (Palgrave: Macmillan, 2004), 15–16. 166 Notes 2 . Sometimes they are called neo-Zaherites, because the methodology of the clas- sical Zaherite’s school, established in the third century Islamic Era by Daw ū d ibn ʿ Ali al- Ẓ ā hir ī (200–270 A.H ./815–883 A.D .), is based on literal interpre- tation of the Qurʾ an and Sunnah with less focus on the context of revelation or the search for the divine wisdom. The neo-Zaherites, however, are different from the original school in terms of their limited knowledge of the tradi- tion and their lack of ijtih ā d tools. See Muḥ ammad Sal ī m al- ʿ Aww ā , Dawr al-Maq ā ṣ id fi al-Tashr ī ʿā t al-Mu ʿā ṣ irah (London: Al-Maqasid Research Center in the Philosophy of Islamic Law, al-Furqan Heritage Foundation, 2006), 14. 3 . Muhammad Khalid Masud, “Islamic Law and Muslim Minorities,” ISIM Newsletter (December 2002): 17. 4 . Wahh ā b ī and Wahhabism denote the followers of Muḥ ammad b. ʿ Abd al-Wahh ā b who joined forces with the Sa ʿū d Family to establish the first Saudi state in the late eighteenth century. Since then the thoughts of ʿ Abd al-Wahh ā b became the formal ideology of the kingdom whether in its sec- ond rise in the mid-nineteenth century or in the third Saudi kingdom in the beginning of the twentieth century. For a positive review of the history of Mu ḥammad ibn ʿAbdel-Wahh āb, see Jamal al-Din M. Zarabozo, The Life, Teachings and Influence of Muhammad Ibn Abdul-Wahhab (Kingdom of Saudi Arabia: Ministry of Islamic Affairs, Endowments, Da ʿ wah , and Guidance, 2003). For another review of Wahh ā bi Islam, see Natana J. Delong-Bas, Wahhabi Islam from Revival and Reform to Global Jihad (Cairo: The American University in Cairo Press, 2005).