Islamic Jurisprudence of Minorities (Fiqh al-Aqalliyyat): The Case of the Palestinian Muslim Minority in Israel

This article examines the doctrine of Jurisprudence of Muslim Minorities (Fiqh al-Aqalliyyat) in the context of the Palestinian Muslim community in Israel. The first part discusses the origins and goals of Fiqh al-Aqalliyyat. After outlining the particular historical and political context of the Palestinian minority in Israel, the article focuses on the ethno-religious political mobilization developed by the Muslim community vis-à-vis the state’s strategies of control and domination, and points out the difficulties involved in the application of Fiqh al-Aqalliyyat, as used in “Western” states, for the reality that Muslims face in Israel. The article suggests a vigilant approach toward the Jurisprudence of Minorities, as we argue that, when applying it in this context of the Muslim community in Israel, this doctrine has two substantial limitations. The first is theoretical and it concerns the doctrine’s current incapability to distinguish between different types of minorities, as well as failing to recognize a difference between various political regimes and societal lives that might be inherently less or more accommodating or even hostile to minorities, and Muslim minority communities in particular. The second limitation relates to the political dimension and the lack of consideration for the status of the Palestinian minority as an indigenous and national minority and not an immigrant minority. Their status as national minorities, at times also as indigenous peoples, who are perceived as entitled to group-based “self-government rights”, poses a serious challenge to this doctrine’s scope and viability.     

Unveiling Structural Challenges: The Headscarf and Employment Integration in Germany

“Unveiled or Unemployed”—that is the verdict for many women with Muslim migration background in the German employment sector. Since the infamous “headscarf case” of Fereshta Ludin, who was denied a teaching position at a public school in the state of Baden-Württemberg due to her wearing the headscarf in 1998, institutional actions by the legislature and the judiciary on religiously affiliated clothing, such as the headscarf, have framed debates on immigration, integration, and employment in the country. This article examines the German employment sector as a space for integration and makes suggestions for an optimization of employment integration for women with Muslim migration background. I propose that optimized employment integration necessitates a holistic approach that begins with a coherent legal–institutional framework and a corresponding unified enforcement thereof. I argue that the current legal–institutional framework and its enforcement present significant structural challenges in the employment integration of women with Muslim migration background, especially as it concerns the headscarf. Integration to the employment sector can only begin with and be sustained upon an “integration friendly” legal–institutional framework that does not allow for unequal treatment under exceptional circumstances and that is not enforced on an ad hoc basis. My claim is premised on the understanding of integration as a structural matter that requires a legal–institutional framework upon which state accommodation, considerate of a diverse society and demographic changes, can take place.     

The Role of Labeling and Bias in the Portrayals of Acts of “Terrorism”: Media Representations of Muslims vs. Non-Muslims

Several high-profile negative events involving Muslim perpetrators have recently been covered by the media. We investigated whether the same negative actions are more likely to be labeled “terrorism” when they are committed by Muslims than when they are committed by White non-Muslims. In Experiment I (n?=?60), using a real article about a Muslim perpetrator and a modified version about a non-Muslim perpetrator, we found that participants were more likely to identify a crime as terrorism when it was perpetrated by a Muslim. The label “terrorism” also mediated the effect of Muslim identity on negative judgments of the behavior. In Experiment II (n?=?60), we replicated the results of Experiment I and clarified that the effects persisted when we used a real article about a non-Muslim perpetrator and a modified version about a Muslim perpetrator. We discuss implications for cross-group communication and representations of Muslims in the media.     

Institutional Governance of Minority Religious Practices: Insights from a Study of Muslim Practices in Danish Schools

An increasing number of studies are concerned with the ways in which the religious practices of Europe's minority populations are accommodated on the political, national and local levels. In this article, I present a case study of Muslim practices in Danish schools. The study is an investigation of how and why six selected practices are governed in Danish schools: halal food, fasting, prayer, head scarves, holidays and mosques. The results underline the importance of the specific practice in question for the way in which it is governed: some practices are easily accommodated, while others are rejected outright by the schools. Furthermore, the study demonstrates how governance of Muslim practices is developed in the absence of national regulation and against the prevailing ideals in the Danish public debate. In fact, the governance developed seems to be a direct response to the number of Muslim children in school and in line with general school ideals of inclusion. However, the results also indicate that more direct involvement by local or national authorities might push schools to be more exclusive with regard to Muslim practices.     

Muslim Women in Australia,Britain and the United States: The Role of “Othering” and Biculturalism in Identity Formation

When Muslims migrate to Western countries, they bring their identity and culture with them. As they settle in their host countries, some Muslims encounter structural inequality, which is often revealed through media representation, unequal labour market status and racial profiling. Through the dynamics of structural inequality, some Muslim women remain doubly disadvantaged. Within their ethnic/religious community, Muslim women are expected to follow their cultural traditions and in the wider society their overtly Muslim appearance is often questioned. The discussion of identity formation in this paper is based on interviews with Muslim girls and women in Australia, Britain and the United States, aged between 15 and 30 years. Though the cultural and political contexts of these three countries are different, the practice of “othering” women have been similar. Through their life stories and narratives, I examine the formation of the participants’ identities. It was found that for many of these women their sense of identity shifted from single to multiple identities, thus revealing that identity formation was a flexible process that was affected by a variety of factors, including the relevance and importance of biculturalism in the women’s identity formation.     

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.     

Media Representations of Islam in Britain: A Sojourner Perspective

This paper presents findings from a qualitative study in Britain on international Muslim students’ perceptions of media portrayals of Islam. Eighteen international students were interviewed; they came from a range of countries so that a diversity of opinion could be gathered. The paper reveals that participants perceived the representation of Islam in the British media to be negative, being associated with conservatism, economic backwardness and terrorism. Participants criticised the media’s tendency towards the homogenisation of Muslims and of Muslim communities and countries. They also called on media organisations to balance the negative portrait of Islam with positive news stories and to be more responsible in their reporting of terrorism. Interestingly, it could be observed that their direct consumption of UK media was limited, pointing to the possibility that their views were either “discursively” driven or were the product of “passive media consumption”.     

波斯伊斯兰文明对中国伊斯兰文明的贡献及其深远影响

波斯伊斯兰文明和阿拉伯伊斯兰文明一样,与中国伊斯兰文明的历史有着千丝万缕的关系。时至今日主要信奉逊尼派的中国穆斯林社会中,仍然可以发现许多伊朗什叶派的痕迹。波斯籍的传教士、波斯语的伊斯兰宗教经籍,对于中国穆斯林恪守宗教信仰、保存民族文化,起到了相当重要的作用。以波斯—阿拉伯伊斯兰文明为内核的中国伊斯兰文明,对中国穆斯林的未来发展走向,必将继续起着深远的影响。     

穆斯林社会的非穆斯林少数族群——他们的贡献、地位、权利与义务

穆斯林社会中的非穆斯林主要包括犹太教徒、基督教徒、祆教徒、印度教徒和佛教徒等。他们尽管属于少数族群,但却是整个穆斯林社会的重要组成部分。历史上,他们为穆斯林社会的发展做出了不可磨灭的贡献,近现代以来穆斯林社会的非穆斯林与穆斯林也大多能够和睦相处。非穆斯林享有信仰自由和宗教独立、不受外敌侵略和内部黑暗势力的侵害、自由择业等方面的权利。同时,非穆斯林必须遵守伊斯兰教法,缴纳人丁税、土地税和商税。穆斯林与非穆斯林关系和睦的深层原因在于伊斯兰教的宽容性。     

论回族穆斯林的"接哈吉"仪式

朝觐是每个回族穆斯林一生中必须履行的一项宗教功课,完成朝觐功课的人被称之为哈吉,哈吉是一个承载意义的象征符号.回族社会中在接哈吉仪式实质上为一个典型的强化仪式,在现实中有着一定的社会功能.     

The Individual and the Ummah: The Use of Social Media by Muslim Minority Communities in Australia and the United States

How are perceptions of self and ummah (community) reflected in social media use by members of Muslim minorities in two Western countries, Australia and the United States? This paper explores the use of social media by members of minority communities for the purposes of self-representation and community-building, and perceptions of social media use among members of Muslim minority communities, as a means for them to challenge the narrative of Islam found in mainstream media associated with homogeneity, violence and militancy. The paper is based on analysis of responses of a targeted sample of members of representative Muslim student organizations at two tertiary institutions in Australia and the United States. Asian countries of origin are strongly represented in the migrant and international student communities of these two countries. The survey respondents were asked about their use of social media in relation to how they engage in public discourse about Islam, and how it is used in the negotiation of their religious and secular identities.     

Failure of Muslim Leadership in America From the Perspective of First-Generation Muslim Americans: A Phenomenological Study

While leadership is a foundational component of guidance in most societies, Muslim children born in America to immigrant parents lack such guidance. A qualitative case study was recently conducted with six first-generation Muslim American college students and professionals. The purpose of this study was six-fold: to examine the concept of leadership in Muslim communities in America, to observe perceptions of Muslim leadership in mosques and community centers, to examine the practice and beliefs of Muslims in America, to view the social interaction of Muslim Americans within their community, to view the mentorship and leadership aspects of Muslim Americans in their community and to inspect marital and cultural aspects within those societies. Findings reveal four themes that show that Muslim Americans are subject to role confusion as they go through adolescence and need a leadership role model to assist them through this stage.     

Different groups,different threats: public attitudes towards immigrants‡

Research on attitudes towards immigrants devotes much attention to the relative effects of economic and social-psychological factors for understanding sentiment towards immigrants, conceived in general terms. In this article, we advance this work by arguing that the context framing immigration concerns leads publics to associate different types of immigrants with different threats. An issue context that diminishes support for one ‘type’ can boost it for another. Evidence from an original survey experiment in Britain supports this claim. Security fears affect attitudes towards Muslim immigrants but economic concerns bear on views towards Eastern Europeans. While concern about crime adversely affects sentiment for East Europeans but casts Muslims more positively, cultural threats have the opposite effect. By shifting the focus onto the qualities of different types of immigrants, we highlight the importance of the target immigrant group for understanding public attitudes.     

‘I grew a beard and my dad flipped out!’ Co-option of British Muslim parents in countering ‘extremism’ within their families in Bradford and Leeds

Research on the effects of counter-terrorism has argued that Muslims are constructed as a ‘suspect community’. However, there remains a paucity of research exploring divisive effects membership to a ‘suspect community’ has on relations within Muslim families. Drawing from interviews conducted in 2010–2011 with British Muslims living in Bradford or Leeds, I address this gap by examining how co-option of Muslim parents to counter extremism fractures relations within Muslim families. I show that internalising fears of their children being radicalised or indeed radicalising others, means parents judge young Muslims’ religious practices through a restrictive moderate/extremist binary. I advance the category of ‘internal suspect body’ which is materialised through two intersecting conditions: the suspected Muslim extremist to lookout for and young Muslims at risk of radicalisation. I delineate the reproductive effects of terrors of counter-terrorism on Muslims’ experiences as they traverse state, intra-group and individual levels.     

Legal Representations of Muslim Slaves by American Courts and Legislative Bodies: 1650–1861

This paper is the first specific exploration of Muslim slaves in front of American courts and legal mechanisms more broadly from the seventeenth century through the nineteenth century. As hundreds of thousands of slaves who came to America had Muslim backgrounds, many of those Muslim slaves found themselves in front of legal regimes and American courts. However, the Muslim identities of these slaves, despite the importance that their religious beliefs might have had for them, were rarely discussed in the case law or not mentioned at all. Drawing from Patterson’s notion of the “socially dead” slave, this paper draws on numerous examples from cases like Amistad to cases dealing with wills and estates to note that the ties to Islam in these cases were obfuscated and minimized. The social death of Muslim slaves in the way that the court documented their experiences silences the voices of American Muslim slaves who reacted in unique ways to their condition of slavery.     

昆明穆斯林社群:1274～2000

元代时,昆明已形成较大的穆斯林社群。在13世纪到19世纪的近六百年时间里,这一社群在昆明一直和平发展,最终形成"五坊"穆斯林社群的传统格局。然而,在19世纪中叶的"咸同事变"中,昆明穆斯林社群被完全摧毁。经历近一个世纪的发展,到20世纪50年代时,昆明穆斯林又重新恢复了传统的"五坊"格局。半个世纪之后,在各种现代性因素的作用下,昆明穆斯林社群传统格局最终解体。     

Cultural Explanations of Patriarchy,Race, and Everyday Lives: Marginalizing and “Othering” Muslim Women in Canada

The image of the “oppressed” Muslim woman is one that has become deeply entrenched in Canadian society. It is fuelled not only by the over decade-long “War on Terror”, but also by the increasing use of cultural explanations of patriarchy, which posit gender inequalities in Muslim communities as simply being a result of Muslim cultures and religion. While scholars have cited the problems of such an approach, the impact of these representations on Muslim women’s everyday lives and their access to important social institutions has not been extensively studied. In a bid to fill this gap, this study draws on 56 in-depth interviews with Canadian Muslim women to illustrate how misperceptions of Muslim women as oppressed and passive victims of their culture and communities works to marginalize and increasingly “other” them in mainstream Canadian society.     

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.     

The Muslim Question in Australia: Islamophobia and Muslim Alienation

Islamophobia has become a significant problem across the Western world. Australia is no exception. The emergence of far right groups and a political environment that allows anti-Islamic discourse has created an increasingly unwelcome environment for Muslims, even though multiculturalism has long been a fundamental marker of Australian daily life. The rise of Islamophobia has been damaging to Australia. This paper explores the rise of anti-Islamic sentiments in Australia and the increasing marginalization of Muslim youth, showing that Islamophobia not only breaks the bond between Muslim youth and Australian society, it also polarizes relations within Australian Muslim communities.     

Critical Race Theory,policy rhetoric and outcomes: the case of Muslim schools in Britain

The expansion of state-funded Muslim schools in Britain since 1998 has developed against a backdrop of sustained public political rhetoric around the wider position of British Muslims in both political and educational contexts. This article explores the public policy rhetoric around Muslim schools under New Labour and the subsequent Coalition and Conservative governments and compares how these narratives align with outcomes in terms of numbers of, and types of, denominational Muslim faith schools in Britain. The article applies a Critical Race Theory approach based on the construction of counter-narrative through a critical analysis of policy and its outcomes. This analysis is contextualised through exploring the implications of counter-terror strategies such as Prevent for the political and educational equity of British Muslims as stakeholders in the state. Against this context the article explores the extent to which successive policy frameworks and political narratives around faith schooling have played out in terms of denominational state-funded Muslim schools. Whilst gains have been made under New Labour and the successive Coalition and Conservative governments, critical analysis reveals that public policy narratives allow for a misleading account of the extent to which Muslim communities have been enfranchised through state funding for Islamic schools.