|| || o ||
_o_,_\ ,;: .'_o_\ ,;: (_|_;: _o_,_,_,_;
( .. / (_) / ( .
Bismillah irRahman irRaheem
In the Name of Allaah, The Most Gracious, The Most Kind
-----------------------------------------------------------------------------
Hijri date: Saturday 21 Raby` al-awal 1421 A.H.
==================================================================
MUSLIMS IN THE WEST NEED CONTEMPORARY FATWA
==================================================================
[Exerts from an Interview with Dr. Taha Alalwani, by Abu Amal Hadhrami,
first published by Islamic Horizon]
The presence of Muslims in any state that can be defined as a
non-Muslim land would have been impossible if a particular fatwa (ruling)
had held sway, points out Dr. Taha Jabir Alalwani, President of the Fiqh
Council of North America (FCNA) and also of the Graduate School of Islamic
and Social Sciences (GSISS) in Leesburg, Virginia.
Dr. Alalwani, who is also a member of the Jeddah-based International
Academy of Fiqh and a number of other international councils, says that
often well-meaning and learned scholars living overseas, and having
limited awareness of the American social environment, issue rulings that
are not only misleading, but also convey a negative impression of Islam.
He says that the Shariah is from Allah Subhanahu wa Taala, as revealed
in the Qur'an and its interpretation is by Prophet Muhammad (Salla Allahu
Alayhi wa Sallam).
However, fiqh is an understanding of the Shariah by scholars. He
points out that a scholar's opinion is based on an understanding of facts
from various perspectives, the relevant text, and the higher values of
Islam such as Tawheed, Tazkiyah, Iman and related values. Understanding
who is raising the question and the circumstances in which the question is
raised also influence the scholar's opinion. He says that if the mufti
does not understand and comprehend the environment from where the question
is emerging, he may end up offering an erroneous response.
The centrality of the environment in fiqh is not new. Instead, he
says, this is in line with the counsel of the scholars in the past: anyone
who does not know the person asking the question and has not examined
him/her closely has no right to issue a ruling or opinion. Imam Abu
Hanifa used to study fiqh issues with his students -- Abu Yusuf, Muhammad,
Zufar and others -- for forty days before giving an opinion based on the
Qur'an and the Sunnah.
Environment Matters
Imam Shafii developed his school in Baghdad, where he wrote his famous
treatises on fiqh and usul. However, upon leaving Baghdad and settling in
Egypt, he altered his opinion on all but 13 issues, on account of the
changed environment and situation. Even in usul al fiqh (fundamentals of
Islamic Law), he changed his views on issues such as Madhab-al-Sahabi. In
this case, it was only a change of environment between two Muslim states,
Baghdad and Egypt. However today, says Dr. Alalwani, we are living in
North America as a small minority among non-Muslims in a pluralistic,
multicultural, and multi-ethnic society. He says Muslims have the facility
of opting to live their lives as Muslims according to the Islamic Shariah
and Fiqh. We need a lot of understanding from our Fuquha and Ulema in the
North American environment, and if they issue Fatwa without studying this
environment, they will be doing a great disservice to the North American
Muslim community. Indeed their rulings, or rather their
misinterpretations, will have a serious effect on the future of Islam in
this continent, he cautions.
Some Alarming Examples
Dr. Taha Alalwani has a horde of examples of fatwa that were issued by
well-meaning persons without deep insight into the North American milieu.
One such example, he says, came from a well-respected scholar who
declared that it was unlawful (Haram) for Muslims to hold citizenship of
non-Muslim states. This view was apparently based on rulings given by
Ulema in the Maghrib, where the people of Algeria, Morocco, and Tunisia
were involved in a Jihad against French colonialism. The French wanted to
declare these states as part of France and extend French citizenship to
their citizens. The Ulema reacted to this extraordinary situation, by
declaring it unlawful to accept such citizenship, because it would be a
betrayal of the Muslim Ummah and the Muslim state.
Today, we know when many Muslims have migrated to non-Muslim countries
as a matter of choice, the circumstances are totally different. In fact,
Muslims in North America need to acquire citizenship in order to secure
their rights and even to contribute as Muslims to the process of social
development. At the same time, there is no overwhelming threat to their
identity and culture, especially in the United States and Canada, where
Muslims enjoy civil freedoms, adds Dr. Alalwani.
Another misplaced fatwa, says Dr. Alalwani, is the ruling obtained by
a few students from some scholars overseas that they could enter into
marriages with the intention (Niyah) to divorce without telling their
prospective wives. This fatwa was totally misleading and was bound not
only to create negative reactions toward Islam and Muslims, but also to
leave a trail of unpleasant social and human tragedies, he says. Indeed,
Dr. Alalwani stresses, this ruling was against the intent of the Shariah
that bases marriage on three pillars.
Another example of misguided rulings is the fatwa that countries like
the United States are Dar al-Kufr and Dar al-Harb, where Muslims have the
right to circumvent their laws and regulations. Again, Dr. Alalwani says,
the Mufti considered neither the environment nor Islamic teachings when
issuing this opinion. He says that if, God forbid, Muslims follow this
opinion, they would be in inherent conflict with their governments and
would not be able to enjoy the confidence of their societies or even their
neighbors.
Further countering this ruling, Dr. Alalwani points out that even in
the past, scholars were unanimous in their view that the entire Earth was
the land of Allah and did not divide it into such spheres. Instead, some
scholars like Imam al Razi considered the Earth to consist of Dar
al-Ijaba, which replaces the term Dar al-Islam, and Dar ad-Dawah, which
replaces the term Dar al-Harb. Dar ad-Dawah means a land for dialogue and
inter-faith communication, a land where people are not classified, but all
human being are considered one family. This family has two parts. One is
identified as Ummat al-Ijaba, instead of Ummat al-Muslim, and other as
Ummat ad-Dawah, instead of Kuffar or Harbiyun. This part of our heritage
and legacy represents Islam more correctly than the other part, because
the whole Earth has been created by Allah as humanity's home. The Prophet
(SAW) told us that the entire Earth is a Masjid and pure. The only
difference is that in Dar al-Ijaba, the Message of Islam has been
established, and in Dar ad-Dawah the Message has to be spread. We all
know what the nuances of performing Dawah are, and certainly that
misguided Dar al-Harb/Dar al-Kufr ruling is not among the instruments of
Dawah, says Dr. Alalwani.
The famous 5th Hijra century Imam al Muwardy, in fact said that even
if we have one Muslim family living in a non-Muslim state, their home will
be the home of Islam, says Dr. Alalwani. The reality is that wherever
Muslims find the freedom to practice Islam, that place will be Dar
al-Islam for them, and there is no need for them to migrate to some other
Dar al-Islam for this purpose.
--------------------------------------------------------------------
Click here to check out THE source for Islamic books,video,
software & audio at astrolabe.muslimsonline.com
http://astrolabe.muslimsonline.com/
--------------------------------------------------------------------
Sign up for Internet Access and Web Hosting at http://www.muslimsonline.net
--------------------------------------------------------------------
__________________ >>
----------------------------------------------------------------------------
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
----------------------------------------------------------------------------
|
