New Chapter
Needs a New Thinking
By Dr. Maher Hathout
CA
For
the first time in Islamic history, millions of
Muslims are living a new reality: As a religious
minority in non-Muslim Western societies. This
new situation requires renewed thinking in Islamic
legal and theological scholarship.
The mid-20th century centrifuged millions of Muslims
out of the heartlands of Islam and into a whole
new world in Western societies as political, economic
and educational factors in their homelands sparked
an exodus to Europe, Australia and North America.
The result was a new historical reality for Muslims
who were previously accustomed to belonging to
either the majority, or a very influential minority
within their societies. Now, they found themselves
living for the first time as minorities within
established and advanced non-Muslim majority societies.
Another first, Muslims from all the corners of
the globe, with all backgrounds, sects and schools
of thought began living together in one place
indefinitely. Vastly different Muslims co-exist
in Mecca during the annual hajj, or pilgrimage,
but this lasts only for a few days and for most
individuals, just once per lifetime. But to be
"stuck together" permanently, as a minority
in one place is a new dynamic altogether.
These new realities brought several new challenges.
First to Muslims' identity. Second, they also
raised questions about integration, assimilation,
loyalty and implementing what is perceived as
the teachings of the religion.
A half century since their arrival in non-Muslim
majority nations, different Muslims in Western
countries are still struggling with these challenges.
The new legal, social and political circumstances
that Muslims face as minority populations in the
West have created an urgent need to reexamine
Islamic legal principles (i.e. sharia). The question
of what is Divine, and hence unchangeable to a
Muslim, versus what is manmade and fallible, was
always left to the minds of scholars who are themselves
the natural product of their historic socio-economic
political context. This question of fixed and
flexible within Islamic law has to be posed and
to be answered anew. Thus, very necessary and
very exciting developments must be undertaken
by Muslim intellectual leaders in their new homes
in the West.
It is clear that Islamic law historically was
codified to serve a ruling majority, which presents
difficult (if not impossible) expectations for
a minority group that is trying to establish its
place within a new multi-faith, pluralist society.
For example, the Qur’an was revolutionary
in its time for restricting polygamy from an unlimited
number of wives -- a common practice in pre-Islamic
Arabia -- to four if they could be treated equally.
But given its outright prohibition by law today,
a modern Islamic understanding would indicate
the practice of polygamy is illegal and therefore
prohibited.
In another case, Muslims living in Western societies
usually can only purchase homes through interest-bearing
loans. While interest is understood by some as
usury which is prohibited by the Qur'an, new economic
realities and different interpretations should
lead to a deep examination of this issue.
When undertaken properly, the interpretation and
re-interpretation of Quranic principles and the
development of new and modern Islamic law addressing
new and modern issues and challenges can be both
invigorating and enhancing to all human life.
If undertaken by Muslims and for Muslims, this
presents an opportunity to "purify"
Islam not by changing the Qur’an but by
embracing the Islamic tradition of dynamic reinterpretation
fitting each new day and age.
At the Islamic Center of Southern California,
we as concerned Muslim intellectuals initiated
what we called "jurisprudence for minorities."
It is a project in progress that could be contribute
to the much-needed revival of Islamic scholarship
for an ever-changing world.
For Muslims in adopted lands, life will be easier
if they avoid imposing on themselves unneeded
restrictions and hardships and instead follow
Islamic teachings that discourage hardship and
promote the development of a moderate and facile
way of realizing the goals of sharia, which is
what is good for people in this life as well as
the life of eternity.
By doing this, minority Muslim populations will
not place themselves in either physical or virtual
ghettos, but rather will be ready to cooperate
in a constructive way with their fellow, non-Muslim
citizens. As such, it will not be difficult for
any Muslim to avoid what is prohibited by God,
nor what is outlawed by humans in any particular
time or place.
For Muslims all over the world, this will lead
to the needed reform of Muslim people and Muslim
thinking -- and it will be reform from within,
not one imposed from outside.
(Dr. Maher Hathout, the author of "In Pursuit
of Justice: The Jurisprudence of Human Rights
in Islam" (MPAC, 2006), serves as the senior
advisor to the Muslim Public Affairs Council and
the Chairman of the Islamic Center of Southern
California)
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