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Shari'a and Muslim Minorities

Author: Uriya Shavit

Publisher: Oxford University Press

Published: 2015-11-12

Total Pages: 314

ISBN-13: 0191074438

Based on a comparative analysis of several hundred religio-juristic treatises and fatwas (religious decisions), Shari'a and Muslim Minorities: The Wasati and Salafi Approaches to Fiqh al-Aqalliyyat al-Muslima offers the most systematic and comprehensive study to date of fiqh al aqalliyyat al-Muslima - the field in Islamic jurisprudence that treats issues that are unique to Muslims living in majority non-Muslim societies. The book argues that two main contesting approaches to fiqh al-aqalliyyat al-Muslima, the wasati and the salafi, have developed, in part dialectically. While both envision a future Islamizing of the West as a main justification for Muslim residence in the West, the wasati approach is pragmatic, facilitating, and integration-minded, whereas the salafi calls for strict application of religious norms and for introversion. The volume examines diverse and highly-debated juristic issues, including the permissibility of naturalizing in non-Muslim states, participating in their electoral systems and serving in their militaries and police forces; the permissibility of taking mortgages and student loans; the permissibility of congratulating Christians on Christmas or receiving Christmas bonuses; and the permissibility of working in professions that involve breaching of religio-legal prohibitions (e.g. serving pork). Discussions highlight the diversity within contemporary Islamic jurisprudence and introduce new nuances to highly-charged concepts such as proselytizing, integration, and multiculturalism.

Shari'a in the Modern Era

Author: Iyad Zahalka

Publisher: Cambridge University Press

Published: 2016-04-01

Total Pages: 225

ISBN-13: 1316473074

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Written by the Qadi (judge) of the Shari'a Court of Jerusalem and former director of the Shari'a Court system in Israel, this book offers a unique perspective on the religious law of Muslim minorities living in the West. Specifically, it explores the fiqh al-aqalliyyāt doctrine of religious jurisprudence developed by modern Islamic jurists to resolve the challenges of maintaining cultural and religious identity in majority non-Muslim societies. The author examines possible applications across numerous cultural and geographical contexts, answering such questions as: what are the rules for assuming political and public roles, and should one deposit money that incurs interest? Building on a growing scholarship, this book aims to resolve points of view and facets of religious law that have been neglected by previous studies. Accessibly written, Shari'a in the Modern Era is designed to promote cross-cultural understanding among readers of all faiths.

Towards a Fiqh for Minorities

Author: Taha Jabir Alalwani

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2010-01-01

Total Pages: 70

ISBN-13: 1565647904

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Towards a Fiqh for Minorities is an important subject and a much needed contribution to an area of fiqh that has become essential for the wellbeing and development of Muslim communities living in the West. The author stresses that the problems of Muslim minorities can only be tackled with a fresh juristic vision based on the principles, objectives and higher values of the Qur’an in conjunction with the ultimate aims and intents (maqasid) of the Shariah. In essence Dr. Al-Alwani’s paper is a call for Muslim minorities to have a sense of themselves as citizens and develop a positive, confident view of their place and value in society, moving away from notions of immigrant status and governed by a humanistic vision focusing on the betterment of society.

Muslim Minorities and Citizenship

Author: Sean Oliver-Dee

Publisher:

Published: 2012

Total Pages: 240

ISBN-13: 9780755610921

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"The issues of citizenship, identity and cohesion have rarely been as vital as they are today. Since the events of 9/11 and subsequent terrorist episodes in Bali, Madrid, London and elsewhere, focus in this area has centred primarily upon Muslim minority communities living in the West. This book examines the question of citizenship and loyalty, drawing on the historical contexts of Muslim minorities living under British and French imperial rule in the nineteenth and twentieth centuries, and looks at how shari'a functioned within the context of imperial civil code. It draws important comparisons that are of immense relevance today, and engages with current debates about the compatibility of Islamic law with civil law in non-Islamic societies. Engaging with both Muslim minority and government perspectives, this is important reading for scholars, students, commentators and policy-makers concerned with the question of Western engagement with its own minorities."--Publisher's website.

Muslim Minorities in the West

Author: Yvonne Yazbeck Haddad

Publisher: Rowman Altamira

Published: 2002-03-11

Total Pages: 332

ISBN-13: 0759116725

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Although they are typically portrayed by the media as dangerous extremists in distant lands, Muslims in fact form a permanent, peaceful and growing population in nearly every Western country. While Westerners are now more commonly seeing mosques in their neighborhoods or scarved Muslim women in their streets, misperceptions and stereotypes remain. With expanding numbers and desires to protect their rights and identities, Muslims are coming into more and more into the public view. In Muslim Minorites in the West noted scholars Haddad and Smith bring together outstanding essays on the distinct experiences of minority Muslim communities from Detroit, Michigan to Perth, Australia and the wide range of issues facing them. Haddad and Smith in their introduction trace the broad contours of the Muslim experience in Europe, America and other areas of European settlement and shed light on the common questions minority Muslims face of assimilation, discrimination, evangelism, and politics. Muslim Minorities in the West provides a welcome introduction to these increasingly visible citizens of Western nations.

Non-Muslim Minorities in an Islamic State

Author: Muhammad Sharif Chaudhry

Publisher:

Published: 1995

Total Pages: 76

ISBN-13:

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Minority Religions under Irish Law

Author: Kathryn O'Sullivan

Publisher: BRILL

Published: 2019-05-07

Total Pages: 264

ISBN-13: 9004398252

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Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular.

Religious Minorities, Islam and the Law

Author: Al Khanif

Publisher: Routledge

Published: 2020-09-03

Total Pages: 215

ISBN-13: 1000168565

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This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.

Islam, Law and Identity

Author: Marinos Diamantides

Publisher: Routledge

Published: 2011-08-08

Total Pages: 281

ISBN-13: 1136675655

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Islam, Law and Identity brings together a range of Muslim and non Muslim scholars in order to focus on recent debates about the nature of sacred and secular law.