Waqf in Historical Perspective: Online fatāwā and Contemporary Discourses by Muslim Scholars

Since the beginnings of Islam, awqāf or religious endowments have been the medium through which various public services (i.e. schools, hospitals, and mosques) have been provided to communities. Historically, endowments were both insulated from state authority and an emanation of imperial and/or state power. Modern day Muslim scholars have taken a renewed interest in waqf, particularly as Muslim societies look to revive those indigenous institutions which promote cultural sustainability. This paper examines perceptions of the role of waqf in Muslim society as evidenced in current online fatāwā and writings by Muslim scholars. These sources are drawn from English-medium, Muslim web organizations and sites which have particular appeal among Muslims living in the West. This literature propagates a historical narrative of waqf which highlights the institution's moral significance, civic identity, and economic efficiency, and plays down its pre-nineteenth-century links to state power and its potential inefficiency. According to modern day scholars, endowments, with the proper legal framework in place, can promote civil society and sustainability. In a bid to examine these issues, the paper analyzes how online sources address the historical development of waqf and legal mechanisms shaping the regulation of endowments.     

Convention on the Elimination of Discrimination Against Women and the Prospect of Development of Muslim Personal Law in Singapore

This paper examines Singapore's partial reservations to Articles 2 and 16 of the United Nations Convention on the Elimination of Discrimination against Women (CEDAW). It contends that the reservations justified on the basis of protecting the rights of the Muslim minority community to practice its personal law has unwittingly impeded the potential of reviewing and addressing significant gaps and limitations in the ways in which the laws are conceived and administered. More pertinently, the policy reinforces the dominance of traditionalism in the thinking of dominant stakeholders of the law. Taking the standpoint that the values of equality and non-discrimination on the basis of gender espoused by CEDAW are compatible with the objectives of Muslim law, this paper maintains that ratifying the relevant Articles of CEDAW will strengthen the process of the development of the Muslim personal law and address essentialist presumptions of the law. This perspective departs from the dominant discourse on the Muslim law and CEDAW which is framed in terms of conflict and polarity between the law and human rights, religious law and women's rights, and universal values versus cultural relativism.     

Pools,Piety, and Participation: A Muslim Women's Sports Club and Urban Citizenship in Germany

Abstract

This paper introduces the Muslim Women's Sports Club (MWSC) in Stuttgart, Germany and analyzes this club's role and contribution in the construction of urban citizenship. Based on ethnographic fieldwork, I illustrate that this club is a vibrant space of civic participation. I argue that associations like this sports club are crucial sites of Muslim civic engagement where individuals configure forms of religiously circumscribed citizenship. The club plays a vital, but largely overlooked, role in the urban civic sphere, as it articulates and strengthens the bonding and civic participation of pious Muslim women and creates cross-ethnic relationships and networks. Some members are initiated into the landscape of civic associations, as they learn about their rights, duties, and potentials, through cooperation with other associations or institutions. I argue that an association such as the MWSC, regardless of its rather invisible activities, is a full-fledged part of the urban public sphere in Germany. Theoretically I engage questions of urban citizenship and civic participation in the context of a faith and/or identity-based association.     

‘Trapped between two worlds’ – Muslim Palestinian women from Israel in Jordanian universities: new identity and the price it demands

Interviews were held with 12 Muslim Palestinian women from Israel, presently studying in Jordan (6) or who had completed their higher education in Jordan (6). They explained the factors that pushed or pulled them to study in Jordan, the independence that they experienced there, the empowerment they achieved, and the price they paid when they returned to Arab society in Israel. The Arab cultural space in Jordan is defined as both foreign and close, due to its geographical and cultural proximity, and yet its distance from home and patriarchal supervision. The research findings indicate that this situation influences the formation of these women's gender identity and their empowerment but also creates much pain and conflict. The Palestinian women's new identity, formed during their studies, assists them in their efforts to reintegrate and establish their status when they return from their academic studies abroad to their society of origin, Muslim Arab society in Israel.     

Language as a Tool of Minority Politics: Urdu,in Bihar,India, 1951–1989

This essay attempts to explore mass-based movement (munazzam awami tehreek) of democratic politics of the protagonists of Urdu, in post-independence Bihar, India. This politics clinched relatively greater success in persuading the provincial government to offer incentives of public employment for the Urdu-speaking population/Muslims. Compared to the adjacent province of Uttar Pradesh, apparently, the status of Urdu in Bihar is much less discouraging. A probable reason for a more assertive political movement for Urdu in Bihar is that the Muslim League's separatist politics in late-colonial Bihar was much weaker. In the post-Partition/Independence period, when it became taboo for the Muslims to express their demands on the basis of religion, language movement emerged as a convenient tool of minority politics. Essentially speaking, the “popular politics” of Urdu in its first phase (1951–1971) functioned more as a “political society”, whereas in the second phase (1971–1989), as a “civil society”, when Urdu became the second official language. This movement maintained effective links with the relevant common population. Priority was more on seeking support and patronage of the government for the language to survive rather than making efforts to see that it thrives self-reliantly, except the Madrasas.     

Muslims and Minority Politics in Great Britain

This paper reviews the history of immigration and demographics of British Muslims and analyzes the relevant characteristics that influence their political representation in the country. Such factors include immigration patterns, demographic characteristics of Muslim groups and coalition versus group competition trends, political mobilization patterns, the politics of race, and the dynamics of party–minority relations. The paper also provides original data on elected Muslims in British local and national government and examines the electoral power, political identity, social behavior, civic and political participation, and representation of Muslims in the larger British community.     

Marketing an imagined Muslim woman: Muslim Girl magazine and the politics of race,gender and representation

This article examines the magazine Muslim Girl (started publication 2007) and explores how the representations on the magazine's pages construct a particular type of identity for Muslim women: an ‘idealized’ Muslim woman who is both North American/Western and Muslim. Such a woman is portrayed as liberal, educated, fashionable, a ‘can-do’ woman, who is also committed to her faith. This ‘ideal’ woman is situated squarely as a neo-liberal subject in an increasingly consumerist world: she is ‘marketable’ (and marketed) as the ‘good Muslim’ (Mamdani, 2004) and is positioned as the ‘familiar stranger’ (Ahmed, 2000) in North America. This so-called ‘modern’ Muslim (read: ‘good Muslim’) is juxtaposed both against the ‘fundamentalist’ Muslim (read: ‘bad Muslim’) and the ‘normalized’ white North American subject. Against the discourse of post 9/11 nationalism and within the context of (gendered) Orientalism, this article argues that such idealized representations present easily recognizable tropes, which serve important political, ideological and cultural purposes within North American society. An analysis of these representations – and the purposes which they serve – provides an important window into the nuances of the structured discourses that seek to control and discipline the gendered Muslim body. On the one hand, the representations in Muslim Girl focus on the so-called ‘integrated North American Muslim’ – a ‘modern’ or ‘good’ Muslim – within the context of the multicultural, neo-liberal and post 9/11 nation-state. On the other hand, these representations also highlight examples of Muslim women, who seemingly remain committed to their faith and community. Such representations of hybridized North American Muslims speak powerfully to the forces – ideological, cultural, political and social – that are at play in the post 9/11 world. In analyzing the representations found in Muslim Girl, this paper provides an insight into some of these forces and their implications.     

The Smooth Transition: Spain's 1978 Constitution and the Nationalities Question

Nationalist movements have played a key role in Spain's democratic transition, contributing decisively to frame the Spanish state in its present shape. This article will focus on the role of Constitution-making in providing the legitimacy needed in democratic transitions affected by the rise of sharp ethno-national conflicts. Among the contributing factors to the Transition's success the following are stressed: the Monarchy as a cohesive unitary symbol; the neutralisation of the Army's influence in political life; and a pragmatic, civic, a-nationalist leadership in Madrid.     

Supporting the democratic political organisation of Muslim immigrants: the perspective of Muslims in the Netherlands and Germany

Using data from three survey studies, this paper examines the support for the democratic political organisation of Muslims among Muslim immigrants in the Netherlands (Studies 1, 2, and 3) and Germany (Study 3). Using a social psychological perspective, support is examined in relation to religious group identification, Muslim linked fate, perceived discrimination, fundamentalist religious belief, and host national identification. The findings in all three studies show support for the political organisation of Muslims. Furthermore, higher religious group identification and higher linked fate were associated with stronger support. More discrimination and more fundamentalist beliefs were also associated with stronger support, and part of these associations was mediated by linked fate. National identification was not associated with support for the political organisation of Muslims.     

Modern Muslim Thought in the Balkans: The Writings of Mehmed ef. Handžić in the El-Hidaje Periodical in the Context of Discrimination and Genocide

Abstract

The withdrawal of the Ottoman Empire from the Balkans in the late nineteenth and early twentieth centuries left a significant impact on the population of the region, especially on the Muslims. Muslim intellectual life was strongly influenced by the arrival of a new political and social order and cultural and religious value system. During this period, Balkan Muslims painfully and irreversibly became an administrative part of Europe. The aim of this paper is to examine the main themes which characterized the writings of Bosnian Muslim intellectuals in the post-Ottoman period, particularly on the eve of and during the Second World War. This work examines the writings of Mehmed Hand?i?, a prominent Bosnian scholar that were published in the El-Hidaje Periodical from 1939 to 1945. The paper brings the scholar's views and commentaries on a variety of topics such as the impoverished Muslim state, the history of Islam and Muslims, and patriotism and nationalism from the Muslim point of view. In most ofHand?i?’swritings the focus is on Muslim intellectual responses to the new political and social changes as well as challenges of the ongoing Second World War. However, hiswritings and reflections continue to have far-reaching effects on Bosnian Muslims and remain relevant to the Bosnian Muslim situation at the beginning of the twenty-first century as the world observes the 20th anniversary of the Srebrenica massacre in 2015.     

Racial contestation and the emergence of populist nationalism in the United States

Much of the discussion surrounding nationalism still revolves around the ethnic versus civic nation divide. For purposes of this paper it is more useful to view the United States from the tri-modal perspective offered by Anderson, in which the United States is a creole (or settler) nation. All of Anderson's types can be seen as variants of ethnic nationalism. Kaufmann argues that the US evolved from ethnic to civic nationalism by the 1960s. This argument overlooks the importance of phenotype-based racism in the evolution of creole, or white settler colonial nationalism. We want to argue that US nationalism evolved from ethnic, to white racial nationalism in the interwar years. Since the 1920s, the political establishment has opted for civic nationalism that is based upon ‘white assimilationism’. This civic nationalism has been challenged by multiculturalism since the 1960s. In the context of a democratic political culture, the content of American nationalism has become ‘populist’ in the sense that it has come under popular contestation from the assimilationist right and the multiculturalist left. This populist nationalism includes aspects of ethnic and civic nationalism. Racial formation theory will be used to show that national identity may remain under ‘relatively permanent political contestation’ with racial cleavage as a major fault line in that contest. The issues of immigration and the treatment of Muslims since 9/11 will be addressed in order to make the case.     

Nuclear fetishism,the fear of the ‘Islamic’ bomb and national identity in Iran

The paper's focus is the concurrence in the Islamic Republic of Iran between the state's enrichment of uranium, internationally feared as a potential Islamic atomic bomb, and the identification of the radio-active material by many Iranians as a national cultural object. In contrast to the Islamic virtues imposed by the state that had created an autarkic image of Iranians in the global context, nuclear technology offered them the opportunity to become cosmopolitan consumers of nuclear energy, a global product that also represented the ‘excellence’ of Iranian scientists’ and engineers’ competence. Instrumental in this re-invention of national identity outside the political space was a reified (fetishised) conception of the nuclear object as a utility – nuclear energy. The enhanced utilitarian use of nuclear material mystified (metamorphosed) both the oppressive relation of Iranian people with their Muslim rulers and their incongruous relation with the rest of the world. The mystifying impact of nuclear production on their national and international relations served Iranians to draw on their role as internationally recognised bourgeois agents (burghers) by subsuming (neutralising) their brutalised relation with the Muslim rulers within the instrumental relation of producers/consumers of the nuclear product. Thus, in their exclusive demand for the right to emulate the non-Iranian producers/consumers of nuclear energy as a global product, Iranians acted in their capacity as burghers. A burgher is defined here, following Hegel, as the agent of civil society whose primary concern is to pursue his/her own interest by using the needs of others as the means to satisfy his/her own. The rationality that governs the action by burghers is ‘the suitability of means to their ends’. By adopting the rationality of a burgher, Iranians abandoned their quest for citizenship. The rights of citizen, in contrast with the cosmopolitan right of burgher to emulate producers/consumers, were geared to the exercise of individual autonomy within the political space, as a domain of contested representations. The paper examines the inadequate mediation of modern institutions that has historically postponed the nationalisation of Iranian society and has delayed the emergence of the Iranian nation as a political community. Looked at from this standpoint, nuclear production offered to Iranians the opportunity to avoid a hazardous route of taking part in a political construction of Iranian identity by acting as citizens and instead draw on their fragmented bourgeois identity to define the nuclear product as ‘national’. This identification matched their Muslim rulers’ interest to represent the enriched uranium internationally as a national, as opposed to Islamic, achievement without having to face the Iranian nation as a political community. The consequence was the Iranians’ failure to deal with nuclear technology and the question of public safety both as a national and international issue which could only be addressed if Iranians had acted in their capacity as citizens.     

Resurgent ethno-nationalism and the renewed demand for Biafra in south-east Nigeria

The renewed demand for Biafra by Igbo people is a rejection of their post-war socio-political and economic condition in Nigeria. Through the processing of primary data, the paper examines this reinvention of Igbo nationalism. It looks at its linkage with the 1999 democratic transition in Nigeria, its implications and management by the government. The paper concludes that the renewed demand for Biafra is caused by perception of inequities and injustice in the distribution of power and resources among the Igbo. Hence a deliberate effort to correct these social problems can assuage ethnic tensions and presumption of political violence in Nigeria.     

‘I’m not being offensive but…’: intersecting discourses of discrimination towards Muslim children in school

This article examines forms of implicit discrimination towards Muslim children in children’s discourses of Otherness. Findings in this paper draw on qualitative data exploring the discourses of 17 children from a Year 6 class in a culturally diverse primary school in the East of England. Building on Critical Race Theory and Critical Discourse Analysis, this article shows that children’s discourses of Otherness acted in tacit discriminatory ways by constructing difference as problematic, which positioned Muslim children as the ‘bad Other’. These findings show the intersectionality of discrimination experienced by Muslim children in school, and offer a reflection on the role of multiculturalism in schools and the limitations of uncritical discourses of tolerance in fostering an understanding of difference and Otherness.     

Priming the Nation for War: An Analysis of Organizational Origins and Discursive Machinations of the Serb Democratic Party in Pre-war Bosnia-Herzegovina, 1990–1992

Abstract

This article examines the role of the Serb Democratic Party of Bosnia-Herzegovina (SDS BiH) in the constitution of Bosnian Serbs as a palpable political group primed for violence, a process that took place in the two-year period preceding the 1992–1995 Bosnian War. In the November 1990 Bosnian elections, SDS BiH won a decisive majority of the vote of ethnic Serbs. Yet, SDS was not an ordinary political party. In the 16 months that followed the elections, it initiated a series of activities that eroded the power of BiH institutions to which it had been elected. SDS BiH declared its own organs superior to those of BiH and established exclusive control in Serb-majority areas. In early 1992, it united these areas into a single Serb Republic, formed an exclusively Serb armed force, and launched a campaign of murder and expulsion of non-Serbs from the territory under its control. This article examines discursive mobilization of affective sensibilities of ethnic Serbs as an important aspect of SDS's ability to gain a mass following of Bosnian Serbs for its ethno-territorial engineering. It offers a discussion of progressive homogenization of ethnic Serbs by looking at SDS's organizational origins and the evolving rhetorical strategies in the period from the party's inception until the onset of the war.     

Trying Islam: Muslims before the European Court of Human Rights

This paper examines the reasons why the European Court of Human Rights remains ineffective in protecting the freedom of religion, especially as this issue applies to Muslims. I discuss these reasons under four broad categories: religion-specific, non-Christian religion-specific, and Islam-specific. First, there are problems that adversely affect everyone's freedom of religion. Despite expansive rights for the freedom of religion and belief that are provided in the European Convention on Human Rights and Fundamental Freedoms, the Court has devised some methods that largely limit the scope of these rights. Second, these problems are much more salient in the Court's dealings with non-Christian religious traditions. Third, I claim that among these non-Christian relations, the Court's handling of cases involving Muslims is particularly problematic because of fears both about Islam and Muslim visibility and demands. Fourth, the Court's desire to promote the principle of secularism has allowed it to ignore government's “assertive secular” policies even when such policies conflicted with human rights of Muslim individuals.     

Australian national identity: empirical research since 1998

The question of what Australian identity means has re-emerged, as globalisation and a concerted political effort to reconstruct an ‘Anglo’ identity have caused uncertainty about ‘who we are’. To explore how Australians conceptualise identity, this paper examines empirical research since Phillips’ [1998. Popular views about Australian identity: Research and analysis. Journal of Sociology, 34(3), 281–302. doi:10.1177/144078339803400305] seminal work synthesising research on Australian identity. Nearly two decades on, a civic/ethno-nationalist distinction and traditional socio-political correlates remain; but less dichotomous constructions are also being explored and more progressive values included. Key differences are found in the increased range of meanings of Australianness, as well as an apparent shift, for some, towards a cosmopolitan identity.     

Renationalisation of space in everyday life in Singapore

As globalisation becomes more and more familiar in our everyday lives, one readily visible phenomenon is the increasing number of migrants from outside the borders of nation states. This influx of migrants inevitably makes societies more complicated racially and culturally, and a ‘multi-racial’ or ‘multi-cultural’ society is no longer the monopoly of migrant societies such as the United States or Australia. This spread of multi-racial and multi-cultural societies in the world, however, does not mean that we have achieved racial and cultural co-existence (among nationals, and needless to say between host society and migrants) without hierarchies. In the face of a constant flow of migrants, both the host states and host societies need to control migrants, to ensure that migrants will co-exist with the host society as the host society wishes. Hierarchy and difference need to be created and maintained by the host society to control the influx of migrants in their everyday life. This paper explores how Singapore society draws a border between itself and female migrant domestic workers. For this purpose, it examines both everyday discourses of Singaporean employers about female migrant domestic workers and the efforts of the Singapore Muslim Converts’ Association to teach such workers to become ‘good Muslims'.     

Shi‘ism in the American Diaspora: Challenges and Opportunities

This paper examines the new diasporic jurisprudence or jurisprudence of minorities (fiqh al-aqalliyyāt) that has emerged within Shi‘i juridical circles. Shi‘i jurists (maraji‘) have responded to the needs of Shi‘i communities that live as minorities in the West by recasting Islamic legal discourse on Muslim minorities and reconciling Islamic legal categories to the demands of the times. New situations and contingencies have prompted the experts in the field to delve into the sources and to devise methodological devices in usul al-fiqh to enable them to deduce fresh juridical rulings in order to deal with novel problems and issues. The article will also argue that when facing new situations that cannot be located in the revelatory sources and do not have legal precedents, jurists can formulate judgments that will best protect the interests of the community while remaining faithful to the Islamic frame of reference. The paper also examines the various challenges that American Shi‘is encounter as they navigate their ways in the American socio-political milieu. These include the construction of ethnic borders within the community, political engagement, the community’s attempts at acculturation in the post-9/11 era and its engagement in academic discourse.