The Concept of Authority in Islam

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History and Religion Question 1: The Concept of Authority in Islam The formulation and application of Islamic jurisprudence can be seen as an expression of how religious authority is exercised. Yilmaz asserts that in the classical Islamic jurisprudence law is regarded as the will of God, a direly ordained system preceding the state and controlling the society.1 Jurisprudence in the Islamic context is described as the knowledge of the practical rules that guide the religion. Islamic jurisprudence is defined as a means by which jurists derive the set guidelines, rules, and regulations that adherents of the religion should follow, otherwise known as sharia, and guided by the principles of the Quran and the Sunnah. The nature of Islamic jurisprudence has been structured in a way to allow men to apply an application of these principles to their dealings. Equally, Islamic jurisprudence is a context in which we find many examples of the fragmentation of authorities - especially in modern times when traditional forms of authority are being challenged by new societal changes.

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1

Ihsan Yilmaz. "Marriage solemnization among Turks in Britain: The emergence of a hybrid Anglo‐Muslim

Turkish law." Journal of Muslim Minority Affairs 24, no. 1 (2004): p.61

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Islam is defined as a system of the state, society, legislation, and art, as well as a civilization that is closely tied to exercising religion compared to other matters. People residing in predominantly Islamic countries relate themselves to the Muslim law rather than legislation, even when they may not subscribe to the Islamic faith. Laws pertaining to marriage, divorce, inheritance, and other legislation governing property acquisition and investment are tied to the Islamic religion.2 To this effect, the laws and values that influence individual norms, values and consciousness, and conscience of the mind. There is a growing body of research investigating the formulation and application of Islamic jurisprudence as exercising of religious authority, even though new societal changes in modern times depict fragmentation of authorities.

The impact of modernization has opened doors for the ascendancy of the Muslim intellectual, as well as challenged the extent to which believers can exercise their faith. The imamate has been established to succeed prophethood as a means of safeguarding the Islamic religion as well as managing the worldly affair, the imam’s role is to preserve the religious message revealed to Muhammad and oversee the administration of the community. However, the dynamics in modern society have challenged and transformed the way Muslims exercise authority especially across communities where Islam is a minority religion. The three aspects of exercising authority in Islam that have been challenged in the wake of modernity as addressed in the discussion include the solemnization of marriages among Turkish Muslims in Britain, the engagement of Islamic soldiers in anti-terror missions after the September 11 attacks, and the Fatwa contextualizing the permissibility of mortgages among Muslims in Europe.

Yilmaz investigated the emergence of a hybrid Anglo-Muslim Turkish law, as exercised in the solemnization of marriages among Turks in Britain.3 The study explores the development 2

Yilmaz, p. 59

3

Yilmaz “Marriage solemnization among Turks in Britain: The emergence of a hybrid Anglo‐Muslim Turkish

law.”, p. 62

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of a hybrid form of marital solemnizations among Anglo-Turkish Muslims in Britain, as fragmentation of authority in Islamic jurisprudence. Yilmaz asserts that Turkish Muslims recognize the legal system as being influenced by Islamic jurisprudence, but it has also been transformed by secularization.4 The exercising of authority in Islamic jurisprudence is influenced by religion but is now being shaped by the taking place in modern society. For example, there are different types and patterns of marriages that can be discerned among Muslims residing in Turkey. Whereas Islamic jurisprudence is the basis of exercising authority in regions where it is dominant, the proliferation of modernity has led to the alteration of Islamic practices, for example, the emergence of hybrid forms of marriage solemnization. Across societies where Islam is not the dominant religion, customary law coexists with a secular official system, thus Muslims strive to recreate their own version of exercising law and authority.5 For example, Turkish Muslims have been successful in recreating their own version of law known as angrezi Shariat, which is a blend of British and Muslim law.

Exercising of authority in Islam is evident in the norms and values which influence Muslim’s consciousness, conscience, and the mind, as exercised in the Sariah, which is the most fundamental influence on Muslim consciousness. Religious groupings in the post-modern age have emerged in many contexts and are regarded as the basis for denial and resistance. As a result, religious and ethnic minorities have been advancing a wide range of avoidance and resistance strategies and new ways of reasserting their identities which is a reconstruction of the current Islamic identities. One aspect of reconstruction of Islamic identities and how authority is exercised has been addressed by Shavit, who examined Fatwa and its Dialectics by contextualizing the permissibility of mortgages in Stockholm. Fatwa is described as ruling on a 4

Ibid

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Yilmaz, p. 60

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point of Islamic law given by a recognized authority. In the year 1999, the European Council for Fatwa and Research issued a decree legitimizing mortgages for Muslims in Europe, who are not homeowners.6 The position of Sharia law on mortgages is that it is permissible, but it differs from the traditional home loans as it does not involve the paying of interests, as this is forbidden under sharia law. In the post-modern society where mortgages are attached to huge interest, this may contravene the sharia provisions. Therefore, the restructuring of new mortgage plans is an illustration of how authority is challenged or fragmented because of the conflicting opinions about the decision to legitimize mortgages in ways that are independent and corresponding to the situation of Muslims.7 Traditional Islamic jurisprudence is a way of developing a set of enforceable norms.

However, Islamic authority is challenged and fragmented with modern Islamic and juristic discourse, especially in societies where the state is secular and non-Islamic. In his examination of Fatwa and war, Nafi examined the allegiance of the American Islamic soldiers in the aftermath of the September 11 attacks. Following the attacks, a collective Fatwa was issued permitting American Muslim soldiers to participate in the American military efforts against the perpetrators of the attacks, even if that involved the declaration of war against a Muslim country.8 By granting such permission, the allegiance of the Muslim soldier is to his country, and not primarily to their religion. In Islamic jurisprudence, the origin authority and power are the religion, which is essentially a moral allegiance. The Islamic legal tradition defines the baghy-

6

Uriya Shavit. "A Fatwa and Its Dialectics: Contextualizing the Permissibility of Mortgages in Stockholm." Journal

of Muslims in Europe 8, no. 3 (2019): p.335 7

Shavi, p.355.

8

Basheer Nafi. "Fatwa and war: On the allegiance of the American Muslim soldiers in the aftermath of September

11." Islamic Law and Society 11, no. 1 (2004):p 87.

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rebellion against the Islamic ruler as a crime as it contravenes the authority of the Imam, yet the situation is not applicable in the US government context.

The Islamic jurisprudence and exercising authority have been challenged by the charged political context following the September 11 attacks and the subsequent war in Afghanistan.9 The implementation of different Fatwa regulating the exercising of Islamic exercising authority has engendered different Muslim circles, restricting the extent to which they can exercise their faith. Furthermore, the enactment of various decrees critical to governments’ policy and welfare contravene the extent to which Muslims can exercise their faith freely. The life of the modern Muslim is surrounded by attempts to develop an Islamic response to contemporary challenges that confront individual Muslims and the Islamic society as a whole. The enforcement of Fatwa is in response to address the specific interest of Muslim nationals, especially those living in nonMuslim countries.

The goal of empowering Muslims to exercise their authority is to normalize the life of Muslim minority communities and offer an Islamic concept for exercising their faith. The dynamics in modern society are impacting the extent to which Muslims exercise their faith. For example, the commissioning of Muslim soldiers to participate in the war in Afghanistan is perceived as a more harmful outcome that could cause possible deterioration of the position of the American Muslim community. The debate on whether not Islamic jurisprudence can be exercised to the full extent of its authority is not only about politics but is also about intellectual diversity.10 The primacy of the Quran and the Sunna is the basis for exercising authority and is not a point of contention between the enactment of Fatwa and its opponents. The Islamic legal

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Nafi, p. 82

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Nafi, Fatwa and war: On the allegiance of the American Muslim soldiers in the aftermath of September 11. P. 106

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theory is perceived as the roots of the law, serving as the basis of Islamic jurisprudence and thus an essential aspect of Islamic law.

Question 2: Muslims Minorities and Minority Societies In modern society, the presence of Muslim minorities in societies that are not predominantly Islamic presents a significant challenge on the extent to which they can exercise their religion. Whereas some native societies are tolerant of Muslim practices, others have been found to be rather intolerant. The explanation for intolerance of Islamic practices is attributed to prejudicial attitudes towards Islamic religious practices such as wearing a headscarf and intolerance to specific practices that they use to demonstrate their religion. The situation of Muslim minorities in predominantly modern societies is one of the most pressing issues today.

There is a huge rise in the threat of civil liberties targeting Muslims, as well as the resurgence in activities profiling Muslims.11 Islamophobia, which refers to the fear and hatred of Islam, and by extension Muslims. Besides, the fallout of the September 11 attacks and the war on terrorism has real impacts on Muslim minorities in communities where religion is dominant, as a result, many Muslims have long experienced discrimination as a result of racism, sexism, or religious intolerance. There is a growing body of research investigating how Islamic practices and institutions are impacted in majority society specifically drawing a parallel on how the interplay between a Muslim minority group and certain majority society occurs and its resulting effect.

The discussion also analyzes whether the interaction is seen as an example of hybridization or oppression.12 Wanger and Weineck examined the Shiite communities of practice in Germany to establish the multi-local, heterogeneous action and transitional space. The Shiites are ranked as 11

Fatwa and war: On the allegiance of the American Muslim soldiers in the aftermath of September 11

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Nafi, p. 83

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the second-largest denomination of Islam, after Sunni Islam. Various Shiite communities across Germany have been identified as largely diversified in terms of linguistic, national, and ethnic backgrounds as exercised in their ritual practices. In depicting the influence of minority communities on Muslim minorities, it has been established that a focus on common practice in which heterogeneous actors engage, enables us to grasp, on the one hand, the varying specific characteristics of different groups and, on the other, their mutual belonging to the wider Shiite field.

The reactive identities and challenges of Muslim minorities are effectively demonstrated in the interplay between a Muslim minority group and a certain majority society. The perspectives examined by Langer and Weineck demonstrate variations in a different sphere, that link to a Shiite frame of references. When Islamic minorities are coexisting with majority communities in Germany, the Shiite frame of reference is adopted based on the popular culture.13 The aspect of communities of practice enables Muslims to interact freely with other communities, creating a picture of heterogeneity and interconnection of Shiite articulation in Germany. Communities are adopting collective identities as they interact with majority communities, which are bound by national territories. With regard to the European context, the negotiation of collective religious identities is important in the integration and overcoming of diverse ethnic and linguistic identities in the diaspora, even for Muslims.

There is a serious implication for how the interaction between Muslim minorities and majority communities impacts Islamic religious practices. In the wake of prejudices and stereotyping about Islamic identities, Muslims in majority societies may find it challenging to exercise their

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Robert Langer and Benjamin Weineck. "Shiite “Communities of Practice” in Germany: Researching Multi-Local,

Heterogeneous Actors in Transnational Space." Journal of Muslims in Europe 6, no. 2 (2017): p. 220.

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religious practices. Such limitation possibly limits the Islamic communities to articulate specific Islamic individual and collective identities which are subjected to collective subjectivity. 14 Minority Muslim communities in majority communities have also been subjected to the impending regimes of law, knowledge, and belonging and this subjects them to collective identities, where their individual identities may be lost. The interaction between Muslim minorities and majority societies presents a dynamic intersection of linguistic, national, ethnic, and religious affiliations. The inclusion and exclusion of these minority religious communities in a predominant majority society require them to adopt the popular culture and public forms of communication that could impact their religious ritual practices. For example, the Shiite community in Germany has been subjected to the German-speaking context in which most of these communities have adopted.15 Muslims in majority communities have mutual engagements with the majority communities and this interplay between the Shiites.

The interplay between a Muslim minority group and a certain majority society has also been explored by Tamimi Arab, who examined the context of Mosques in the Netherlands, and how the meaning of marginal spaces has been transformed. Previous research indicates that mosques in the Netherlands and other regions in Western Europe are frequently located in marginal spaces, and often face resistance when they are transformed to become visible, constructed houses of worship.16 Mosque constructions are, therefore considered as spatial establishments but the quest for Muslims to exercise their religion demonstrates their

14

Langer and Weineck, p. 216

15

Langer and Weineck, p. 212

16

Pooyan Tamimi Arab. "Mosques in the Netherlands: Transforming the meaning of marginal spaces." Journal of

Muslim Minority Affairs 33, no. 4 (2013): p.484.

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determination to resist marginality, be accorded their right to the city, and transform the meaning of marginal spaces particularly for Dutch Muslims.

Despite the marginalization of mosques in the Netherlands in remote locations, they have become a comfortable space for people to converge and sit together as well as reach out for families. The determination of Dutch Muslims to resist prejudice has been significant in resisting social marginality, at the same time creating a safe haven for marginalized Islamic communities.

Despite mosques being located in marginalized spaces, the Dutch Muslims reject social marginality as they strive to create a safe haven for the Muslim community. The standing out of Muslims to advocate for their rights and plight is a depiction of this community’s determination to exercise their religious practices. The social emancipation demonstrated in the Netherlands occurs within a society where Muslims are considered conservative.17 The Netherlands is a liberal democratic society, yet they perceive the Islamic faith as very conservative. Therefore, the majority of society considers the mosques as disempowering and preventing emancipation from taking place among Muslims.

The interaction between minority Muslims in majority communities is seen as an example of hybridization rather than oppression. The example of the Shiites in Germany and their connection with the dominant communities are considered as a way of coping with the way of life of these communities rather than a form of oppression. The case of marginalization of mosques in the Netherlands is also perceived as empowerment out of marginalization. When minority Muslim communities are in a majority community, they tend to stand oy, and this distinction is important in promoting social emancipation among Muslims.18 The majority of communities consider the minority Muslims as visible because of their distinct beliefs and 17

Pooyan Tamimi Arab, p. 485

18

Ibid

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practices. Whereas exercising the dominant culture and marginalization may be regarded as oppressive, it is through this approach that Muslims and their unique religion are recognized.

Muslim worship centers are recognized as ideal spaces for Islam, even when isolated, the distinction may not count as oppression. The Muslims are striving to cope in a predominant society is in an effort for recognition and exercising their religion. The Muslims are not oppressed, but only strive to become visible in neighborhoods that they consider their own.

Muslims in majority communities are striving to find a way to be accepted and assimilated into the community, and be recognized as a unique group that should be allowed to exercise their religion. On the other hand, the marginalization they face is mostly because their practices and beliefs are not well understood and they are often subjected to prejudice and stereotyping, which determines the way the majority communities treat them.

In conclusion, minority Muslims in majority communities have been subjected to prejudice and stereotyping, which has affected their ability to be integrated into society.

Nonetheless, Muslims in predominantly majority communities that are not Islamic have faced challenges as they strive to exercise their religious authority in these regions. Mosques should be viewed as facilitation centers for education and empowerment within communities, whereas societies should be more accommodating and embrace minority groups who are Muslims. These can be attained by promoting communication, inclusion, and accommodating all people regardless of their religious affiliation. The hybridization of Muslim minorities across different countries includes according to them the freedom to exercise their religion practically all over the world without being profiled or discriminated against. The role of state religion agreements is to create religious pluralism, whereby all religions are accepted and freely exercised. The impacts of modernization and immigration continue to shape Islam relations with the state, and religious

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freedom is being exercised across different communities, even where the majority are not Muslim. Islam is a growing presence practically across the globe, and there are legal provisions and globally accepted practices to secure religious freedom and general welfare for all.

Bibliography Langer, Robert, and Benjamin Weineck. "Shiite “Communities of Practice” in Germany: Researching Multi-Local, Heterogeneous Actors in Transnational Space." Journal of Muslims in Europe 6, no. 2 (2017): 216-240.

Nafi, Basheer. "Fatwa and war: On the allegiance of the American Muslim soldiers in the aftermath of September 11." Islamic Law and Society 11, no. 1 (2004): 78-116.

Shavit, Uriya. "A Fatwa and Its Dialectics: Contextualizing the Permissibility of Mortgages in Stockholm." Journal of Muslims in Europe 8, no. 3 (2019): 335-358.

Tamimi Arab, Pooyan. "Mosques in the Netherlands: Transforming the meaning of marginal spaces." Journal of Muslim Minority Affairs 33, no. 4 (2013): 477-494.

Yilmaz, Ihsan. "Marriage solemnization among Turks in Britain: The emergence of a hybrid Anglo‐Muslim Turkish law." Journal of Muslim Minority Affairs 24, no. 1 (2004): 57-66.

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