Muslim Family Law in Southern Thailand: A Historical Overview

Muslims have long a history of practicing Islamic law where Muslim communities are the minority. In Thailand, past governments have positively included Islamic law as a legitimate source of personal law for Muslims in the southern regions. Consequently, Muslims are governed by two different sets of laws in Thailand, one is Islamic law and the other is the secular law. However, only Islamic law is applicable for Muslims especially in settling their matrimonial disputes and inheritance. Islamic family law has a long history and has been preserved for the betterment and benefits of Muslim citizens especially in the four Muslim provinces of Thailand. This study aims to describe the development of Islamic law through the different periods of governments in southern Thailand. The development of Islamic family law and the application of Islamic law along with its judicial aspects under the administration of Thailand will also be discusssed.     

Ribā-Based Mortgages in Dār al-Harb: An Issue of Modernist Application of Fiqh al-Aqalliyāt for Muslim Minorities

The growing presence of Muslims in the occident living as minorities in majority non-Muslim countries comes with inherent religious challenges. How can occidental Muslims live faithfully in cultures that cause perceivable “hardship” without compromising their religio-legal obligations? Is fiqh al-aqalliyāt the answer to this problem, if at all there is a problem? As a sample of the so-called “hardship”, this paper looks at the issue of occidental Muslims taking out ribā (interest or usury) based loans in order to buy a house, to test the theory of whether or not a new legal doctrine is required to facilitate Muslim needs facing exceptional circumstances. Is it a clash between classical and contemporary scholarship or an inevitable pre-modern evolution of Islamic jurisprudence? This article argues that juristic opinions, whether classical or contemporary do not justify any actions, because their opinions are first and foremost non-binding and secondly a result of their endeavor to come to an edict. The paper highlights a misapplication of juristic maxims and opinions, driven by zeal to provide an edict to justify the needs of some. It concludes that no added value is made to Islamic law by heterodox jurisprudence.     

Preventing Religious Radicalization in Bosnia and Herzegovina: The Role of the BiH Islamic Community

The goal of the paper is to identify the Islamic Community’s methods of preventing religious radicalization in Bosnia and Herzegovina (BiH). The roots of radicalism and extremism are explained by examining “Islamic revival” and studied within the Bosnian context. Although BiH appears in many international reports as a potential “cradle of terrorism”, the situation on the ground is quite different and there are many instances of combined efforts by the government and religious institutions in preventing religious radicalization in BiH. The analysis focuses on the Islamic community’s efforts to contend the spread of illegal mosques that sometimes promote radical Islam in BiH. Although there are radical individuals with different and sometimes radical understanding of Islam, the majority of Bosnian Muslims oppose any form of religious radicalization. The Islamic Community plays the most important role in preventing the spread of radical Islam in BiH, and this paper analyzes its efforts to homogenize Bosnian Muslims and prevent radicalization.     

Conflating Muslim “Conservatism” with “Extremism”: Examining the “Merry Christmas” Saga in Singapore

In late 2015, there was a controversy with regard to a foreign Muslim preacher being “barred” from delivering a speech in Singapore. While the government did not comment directly on the incident, it subsequently expressed concern about the growing trend of Singaporean Muslims refusing to greet “Merry Christmas” or “Happy Deepavali” to their non-Muslim friends, and stated unequivocally that it would not hesitate to ban foreign preachers who promote disharmony from entering the country. This essay seeks to critically analyse this incident, not in its specificity but with regard to the broader implications. I contend that there has been a conflation of religious conservatism with religious extremism in this episode. This conflation is not unique to Singapore, as similar expressions of wariness towards conservative Islamic positions have been articulated throughout the world, especially in Western analyses of the “Islamic problem”. This paper calls for the problematization of this conflation. It seeks to comprehend the concepts of “conservatism” and “extremism” properly. I further postulate that the act of mistaking conservatism for extremism may not only be due to misunderstandings of what the two concepts entail, but it may also has its roots in the idea of “Orientalism” as described by Edward Said.     

Religiosity,Citizenship and Belonging: The Everyday Experiences of Young Australian Muslims

Abstract

Since 11 September 2001 Muslim Diasporas have emerged as objects of anxiety in Western societies. Underlying this (in)security-driven problematisation is the question of whether Muslims living in the West have the capacity to become fully active citizens while maintaining their religious beliefs, rituals and practices. This apprehension has prompted reactionary government programmes, particularly targeting young Muslims. Such responses fail to recognise the societal capacities that practising Muslims possess, including those informed by the ethical precepts of Islamic faith. This paper argues that it is timely to explore expressions of Islamic religiosity as they are grounded in everyday multicultural environments. The paper draws on survey data and interviews conducted with Muslims living in Melbourne, Australia. We take into consideration key variables of age and generation to highlight how young, practising Muslims enact citizenship through Islamic rituals and faith-based practices and traditions. The paper will draw from key findings to argue that these performances provide a foundation for exploring ways of ‘living’ together in a manner that privileges ethics central to Islamic faith traditions.     

Do Muslims See Australia as Their Homeland? The Notion of watan al-asli and watan al-sukna in Islam

Abstract

The concept of “country” or homeland in Islam was defined by Muslim jurists in the eighth century in the light of the sacred text. They set three categories: watan al-asli, the country of birth, the country of one's spouse or the place of permanent residence; watan al-sukna, the country of temporary residence and employment; and watan al-safari, the country that is traveled to. Accordingly, for Muslims immigrating to Australia, their new country falls into one of these categories. Muslim contact with Australia stretches back centuries. However, although early Muslims arrived on Australian shores before Europeans, they did not settle. It was not until the late 1960s, when Muslims came in mass immigration, that permanent communities were established. Since then, particularly over the last two decades, Muslims have become gradually more visible. This increase in prominence has raised anxiety from some segments of the Australian community. There are groups who view Islam as an obstacle for integration. The loyalty of Muslims to Australia is being debated, discussed and questioned by some intellectuals, politicians, media and other Australians with little or no knowledge of the Islamic theological perspective of the “notion of country”. In this article, I will argue that the “notion of country”, a concept of which even the majority of Muslims are not aware, supports integration. This article will also explore the concept of “homeland” in Islamic theology and jurisprudence and discuss the findings of a survey on Muslims’ views about Australia as home.     

Tareq Oubrou's Geotheology: Shari'ah of the Minority and the Secularization of Islamic Theology in the European Context

This article introduces the work of the French imam-theologian Tareq Oubrou as a prominent voice of the emerging “European Islamic thought”. It argues that the imam uses Islamic classical jurisprudential devices (such as fatwas), contemporary hermeneutics and critical thought, and personal communion with the divine (spirituality) to renew the understanding of God, Man, and the Qura'n in the European context. In so doing, he (1) “relativizes” shari'ah law by emphasizing the questions of ethics and meaning, (2) “minoritizes” Islam as a religion in a pluralist liberal milieu, and (3) “localizes” its norms, “nationalizes” religious authority, and “institutionalizes” its manifestations. His work is synthesized in this article in three concepts: (1) “geotheology,” (2) “shari'ah of the minority” which are Oubrou's own terms/concepts, and (3) “European Islam”.     

宗教事务依法管理的路径及基础——以四川藏区依法治理为视角

Under the situation that traditional beliefs have remained basically unchanged while the social economy has developed and population mobility has increased, with the trend of an in-creasing diversity in beliefs, and an increasing number of religious followers and temples, the management of religious affairs has become more difficult. In ethnic areas, the speed of moderniza-tion has accelerated, ethnic interactions are fre-quent, and the beneficial conflict or cultural con-flict among various ethnic groups has become nor-mal; the impact of modernity, ways of life, the value and ideals of the temples’ traditional culture and educational model brings new social pressure for the monks who are adapting to modernization, and making a leap in development while safeguard-ing traditional rituals, culture, religious education and development. The number of criminal cases involving monks has increased, which brings a strong negative influence to the religious followers in Tibetan areas. All these factors are directly in-fluencing the stability and harmonious development of the Tibetan areas. As the second-largest Tibetan area, the geo-graphical location of Sichuan’s Tibetan areas is u-nique. In ancient times, the policy of “keeping the Tibetan areas stable means keeping Kham sta-ble at first” had been an important measure for the central government to manage all of the Tibetan ar-eas. From the Qing dynasty to the present times, it still has a practical use, and even has special val-ue in the process of safeguarding the “long-term stability of Sichuan”, especially when the people have but a hazy understanding of the relationship between the freedom of faith and managing reli-gious affairs according to the law in Tibetan areas, and one needs to have a legal response to it. Hence, “keeping Kham stable” needs to depend on the law, and legal means should be taken to safeguard the harmony and stability of the Tibetan areas in Sichuan. Management of the religious affairs according to the law is an inevitable requirement for China to promote the goal of ruling the country by law, com-prehensively deepen reform, and promote the mod-ernization of the country’s governance system and capability. Based on an active response to the guidance principle of strengthening the manage-ment of religious affairs according to the law pro-posed by the Central Government, and the Sichuan Provincial Government, we should standardize reli-gious activities and affairs, insist on a combination of legal management and policy guidance, adopt various measures, search for a practicable path to realize the significant goal of managing the religious affairs according to the law in Tibetan areas of Si-chuan. This article proposes some methods of man-aging the religious affairs according to the law as follows:1 ) To insist on the CPC’s leadership in reli-gious work and management of religious affairs;2 ) to actively and reliably promote the systematic con-
struction of the legalization of religious affairs;3 ) to insist on the combination of legal management and policy guidance;4 ) to encourage the public to manage religious affairs according to law; 5 ) to standardize the scale and number of monks by u-sing new methods of management;6 ) to strengthen the role of the “four troops” ( Party and Govern-ment leading cadres,ethnic religious work cadres, ethnic minority cadres and talents, and religious believers ) , especially religious believers; 7 ) to make full use of the regulatory framework of the Buddhist community; 8 ) to create conditions for those monks who wish to return to secular life;9 ) to distinguish the boundary between normal and il-legal religious activities, between folk custom and extreme religious concepts; 10 ) to identify and distinguish between “monks and lay people”, and“ordinary cases and religious cases”. At present, there are four foundations for managing religious affairs according to the law:1 ) the idea that freedom of faith is not only one’s right, but also one’s duty has gradually enjoyed popular support;2 ) there is a good policy base for managing religious affairs according to the law;3 ) there is a relatively strong theoretical basis for managing religious affairs according to the law;4 ) there exists good legal support for managing reli-gious affairs according to the law.     

中国穆斯林在现代化过程中的优势

在世界现代民族—国家的建构过程中,宗教信仰、民族归属、国家认同三者之间的巨大不相容性,以及由此引发的各种问题,成为许多国家现代化道路上的巨大障碍。尤其是对许多伊斯兰国家来说,如何处理这三者之间关系,并协调由此引发的伊斯兰教与国家政治、伊斯兰教法与国家法律的矛盾和冲突,往往成为现代化道路上最大的难题。但是在伊斯兰教传入中国,与中国社会的法律、政治、文化等等互相磨合、融通以至共存的过程中,这些难题已经基本得到了解决。因此,今天的中国穆斯林与所有中国人面临着共同的问题,那就是如何步入现代化。从这个角度来说,在现代化的进程中,中国穆斯林所背负的要比其他穆斯林更轻。     

The Secular and the Religious in the Management of Islam in Singapore

This article examines the Singaporean model of “secularism” and its impact on the relations between the Singaporean government and the minority Muslim community in Singapore. While the Singaporean state defines itself as secular, its policies do not depict a strict dichotomy between religion and state. This paper argues that the obscure nature of secularism in Singapore has led to tensions on several issues between the government and Muslim community due to differing perceptions of what Singaporean secularism means. The first section of the paper deals with the concept of secularism as defined by the Singaporean state and examine the historical factors that led to the provision of special rights to Muslims in Singapore. The paper will then analyse the legal positions of institutions such as the Islamic Religious Council of Singapore (Majlis Ugama Islam Singapura, MUIS) and the Syariah court which are tasked with managing Islamic affairs in Singapore. Lastly, the paper will analyse how the unique definition of secularism in Singapore led to tensions between the government and the Muslim community. These cases included the headscarf controversy that erupted in 2002 and 2013, the madrasah controversy in 1999, foreign policy issues and terrorism. The paper concludes by drawing a trajectory of the future relations between the Singaporean government and the Muslim community.     

世界屋脊上的伊斯兰文化

7世纪 ,伊斯兰与吐蕃几乎同时兴起。 13世纪 ,伊斯兰已推进到青藏高原的四缘。伊斯兰文化不可避免地与藏文化发生互动。伊斯兰文化与藏文化互动的结果是 :一方面 ,入藏穆斯林逐渐土著化 ,使藏地伊斯兰文化独具特色 ;另一方面 ,伊斯兰文化以各种方式渗入或作用于藏文化 ,丰富了藏文化的体系。本文从族称、物质和技术文化、穆斯林社区、教育和著述、精神文化的交流等方面描述伊斯兰文化在藏区的存在     

“Turkish Islam” as “Good Islam”: How the Gülen Movement Exploits Discursive Opportunities in a Post-9/11 Milieu

This paper argues that since 9/11 the orientalist discourse has been further adapted where both politicians and academics introduce provisos into their discourse, creating a dichotomy between “good” and “bad” Muslims. While this new discursive adjustment has created obstacles for many Muslims, they created opportunities for others. Drawing on empirical data, this paper demonstrates how the Gülen movement (GM), a Turkish-originated Islamic activist movement takes advantage of what it perceives as a discursive opportunity to expand its operations in the Western context. Since 9/11 Islamic activist movements have often been portrayed as irrational, homogenous and naturally prone to adopt violent action repertoires. Taking the GM as a case study, this paper demonstrates how an Islamic movement engages with the West strategically and rationally, adopting a non-violent action repertoire, embracing modernity and operating predominantly within the cultural arena. Rather than adopting violence as a means to an end, the GM has turned its rejection of violence in all forms into a core feature of Gülen's “Turkish Islam”, which is depicted as modern, peaceful, undogmatic and moderate.     

Identifying Counter Radical Narratives from Within British Muslim Communities: The Case of “Muslim Patrol” and Muslim Community Responses

This paper analyzes the concept of Muslim morality policing through commanding good and forbidding evil as interpreted and implemented by some Islamists in Britain. The focus is on the activities of Muslim Patrol, and their attempts to create Shari’a zones and enforce hisba, often with distressing consequences including verbal and physical harassment of those not complying. Muslim community responses to Muslim Patrol are also discussed, in particular counter radical narratives that stem from a religious perspective. The paper asks what constitutes sin within Islam and how Muslims should respond to sin, and the extent to which individual Muslims are empowered to enforce Islamic moral standards in non-majority Muslim contexts. Where the state does not provide means for countering sin, the perception is that the responsibility on individuals to do so increases and often results in violence.     

中国伊斯兰文化节约理念及当代意义

俭而不吝是中国伊斯兰文化节约理念的重要内容。节俭为本是中国穆斯林的行为准则,伊儒相通是中国伊斯兰文化节约理念的理论来源。中国穆斯林的节约习惯是一种文化自觉行为,也是一种道德涵养。在我国政府高度重视并强调"资源节约型与环境友好型社会"之际,中国伊斯兰文化节约理念有着积极意义。     

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.     

当代西北地区伊斯兰教新兴教派门宦问题探析

新兴教派门宦问题不是一个新问题,而在中国伊斯兰教历史上层出不穷。近一二十年,在中国各地(尤其是西北甘宁青地区),新兴教派门宦又呈现日趋活跃的态势。宗教内部改革、宗教教义教理方面的分歧、宗教资源的争夺、经济利益驱动和宗教管理工作相应薄弱等是新兴教派门宦产生的深层根源,但是新兴教派门宦不断产生并不是中国伊斯兰教独有的现象,而是世界性宗教普遍发生存在的问题。探索伊斯兰教与社会主义社会相适应的重要议题之一,是如何缓解因新教派门宦的产生而带来的穆斯林民族内部纷争及因此而产生的社会稳定问题。制定相应的对策,加强社会控制。穆斯林民族内部也应寻求一种积极机制,加强宗教自律,减少因频繁发生的教派门宦纷争而造成的社会问题。     

伊斯兰教的统一性与多样性

作为一种普世性的宗教,伊斯兰教在保持信仰核心一致性的基础上,包容信仰者之间存在的对宗教的多样性理解,吸纳不同地区和不同民族信仰者文化传统的特点,从阿拉伯民族的信仰发展成为真正的世界性宗教。多样性与一致性的共存,既是伊斯兰教经典和历史上伟大的思想家们所认可的,也是上千年历史的事实。今天,穆斯林应承继这一传统,在维护信仰核心理念的基础上,为弘扬伊斯兰教的伟大精神和世界和平作出贡献。     

Battling the Eighth Stage: Incrimination of Genocide Denial in Bosnia and Herzegovina

Abstract

Denial is considered to be the eighth and the final stage of genocide. Facing this issue, many European Union countries have opted to incriminate genocide denial. Furthermore, with the aim of harmonising national legislations, Framework Decision No. 2008/913/JHA was adopted in 2008, obliging the Member States to incriminate “publicly condoning, denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes”. Genocide and other crimes denial is still present in Bosnia and Herzegovina, even though the rulings of the International Court of Justice, the International Criminal Tribunal for the former Yugoslavia, and the Court of Bosnia and Herzegovina, have shown that genocide was committed over Bosnian Muslims, in July 1995 in Srebrenica and its surrounding areas, as well as other numerous crimes against humanity and war crimes across entire Bosnia and Herzegovina. From 2007 there have been a number of attempts to incriminate genocide denial at the state level in Bosnia, but all of them were unsuccessful due to the opposition by representatives of Republika Srpska. Finally, in 2014, the genocide denial was incriminated in the Criminal Code of Federation of Bosnia and Herzegovina as an act of encouraging “national, racial and religious hatred, rift and intolerance”.     

清真食品立法思考

近年来,随着食品问题日益凸显,国家通过法律法规的制定和修改加大了管理和规范的力度,由于穆斯林作为特殊的消费群体由于在饮食方面有其特殊要求,因此应予以足够的重视。本文通过对清真食品的概念分析,探讨清真食品在实践中存在的主要问题并提出相应的法律对策。