超越律法主义:拉希德·加努希政治思想探析

如何处理伊斯兰教与民主政治的关系,是近几十年来穆斯林思想家和政治精英面临的最棘手问题之一。不同于阿亚图拉霍梅尼以教法为根、教法学家的权威为本的“教法学家治国”理念,或毛杜迪以真主主权为宗的“伊斯兰政府”理论,突尼斯“复兴运动”创始人拉希德·加努希提供了一种律法主义之外的新视角。作为当代最著名的穆斯林思想家之一,加努希援引中世纪穆斯林思想家艾布·伊斯哈格·沙缇毕对伊斯兰教法之根本宗旨的解读,从伊斯兰教倡导的正义原则出发,强调穆斯林应积极参与非伊斯兰政府,在实现权力分享的基础上构建一个多元的现代民主国家。加努希在理论层面对伊斯兰与民主问题的论述及其在现实层面的实践,对处理伊斯兰教与民主以及现代性问题具有重要的指导意义。     

Homelessness in the 21st Century: The Implications of Spirituality for Muslim Populations

Abstract

Relative to recent immigration trends, Muslim populations in America have emerged as significant among the homeless. Yet the social work manner of attending to homeless Muslim populations has not acknowledged the significance of spirituality proportionate to Muslims in need. Subsequently, homeless shelters must acknowledge the significance of Islamic spirituality vis-à-vis homeless Muslim populations to enable the delivery of services. That consideration should remain constant and viable as a modus operandi for homeless shelters which address homelessness in the 21st century.     

Muslim women between secular state and religion

The main thesis of this paper assumes that, while we are not arguing for a full-fledged personal law system in Italy (which provides Muslims with different legal systems), we assume that diversity-conscious respect for difference and its legal recognition is a better strategy for achieving justice than a blindfolded Eurocentric vision, based on uniformising secular methods. This paper suggests the adoption of a model of legal intervention for integrating Muslims into Italian liberal democracy. I will call this model a ‘pluralistic institutional approach to integration’, based on a ‘a joint governance approach’. It requires a conceptual break with absolute, unlimited and undivided sovereignty and jurisdiction. Such a pluralistic institutional approach to integration encourages the accommodation of some of the most pressing minority demands in some limited areas. In family law – as we will see – there can be different possible solutions available to conduct their private relationship compatible with their understanding of Islam. However, any policy of accommodation needs to pay special attention to the fact that traditional religious Muslim norms contain practices that may cause harm to vulnerable subjects. Therefore the advocacy and introduction of a plural legal order must be based on respect for key liberal values. In this paper I will not use the generic term sharia (Islamic law) but the term Muslim norms, because I would like to underline the fact that some Muslims are calling for accommodation of norms that derive from their understanding of their religion, including not only standards based on or derived from sharia or fiqh (jurisprudence) but also general ethical principles derived from Islamic religious culture (see Nasir 2002). The focus on religious norms or values makes it clear that the main motivation for the accommodation of Muslim norms would be to maximise individual autonomy and minority protection. In this sense, the accommodation of Muslim norms is subject to the ultimate regulation of the Italian constitutional and legal system. The paper is structured in the following way. Section I of the paper deals with the ‘myth of legal centralism’ and presents a general overview of the empirical situation created by the troublesome Muslim integration in Italy. We will provide some quantitative data on Muslim immigration in Italy. Since ‘Muslim’ is a broad category, it needs to be given as much specificity as possible in order to avoid producing images of a monolithic and undifferentiated religious community. Section II sets out the model of what I have labelled ‘a pluralistic institutional approach to integration’. The substantive claim is that this pluralistic institutional approach to integration provides promising options for the incorporation of cultural and religious minorities, challenging the assumption that it is impossible to grant consideration to religious diversity and gender equality at the same time. Of special interest here are those situations in which claims for so-called ‘Muslim Sharia Arbitration Councils’, religious-based arbitration tribunals, interact with public concerns about power disparities between men and women in the resolution of family law disputes. We will demonstrate the possibility of implementing such a vision by reference to a recent decision by the Supreme Court of Canada, Bruker v. Marcovitz (2007), which breaks new ground.     

Islamic orientations in contemporary Indonesia: Islamism on the rise?

Indonesia has approximately 240 million people, and more than 85% of the population are Muslims. Whilst incidents of religious intolerance have frequently been reported in the mass media, political Islam in Indonesia, represented by Islamic political parties, seems to have failed to gain popular support. Against this conflicting standing of Islam and Islamic organizations in Indonesia, this study focuses on Muslim religiosity and perceptions of the role of Islam in contemporary Indonesia. Based on our survey of 1500 Muslims in Indonesia in 2010, and case studies in regional Indonesia, this paper shows that, due to sociocultural change in regional Indonesia, and the diffusion of religious authority through media use, Indonesian Muslims are becoming less political Islamists, and more sociocultural Islamists who are attempting to advocate Islamic morality. This trend is in line with scholarly observations of post-Islamism prevalent in other parts of the Muslim world.     

Social work with Bosnian Muslim refugee children and families: a review of the literature

More than two million Bosnian Muslims were ethnically cleansed in the Balkan region; of these, 200,000 were killed while the others were forced to flee their homes and become refugees. This article focuses on the influence of societal and cultural values coupled with wartime experiences on the transition of Bosnian refugee families to their new countries. Consideration is given to culturally competent theoretical frameworks and practice principles social workers can use to assist Bosnian Muslim children and families in their adaptation process within their resettlement communities.     

The political process and the Jews in Britain

Muslim migration to Australia took place over three distinct periods – the Colonial, the ‘White Australia’ and the Multicultural periods. This article discusses the settlement issues of Muslims during the ‘White Australia’ period (1901–73). It particularly focuses on five distinct ethnic groups – Indians, Afghans, Malays, Javanese and Albanians – in Queensland and Western Australia. It questions whether these groups were treated ‘differently'because of their Islamic beliefs. The study draws upon both primary and secondary sources, including archival materials and oral testimonies. From the evidence presented, it is clear that a hardening attitude against Muslims has been apparent and that historical antipathies and long-lived antipathies have grown in the specific context of the current geopolitical climate     

Perception of Western governments’ hostility to Islam among European Muslims before and after ISIS: the important roles of residential segregation and education

Perception of Western governments’ hostility to Islam is one of the indicating features of Islamic fundamentalism and, in some cases, is serving as a pull to join extremist groups. In this paper, using data from two waves of a cross‐national survey, we investigate what affects European Muslims’ opinions about Western governments. We find that residential segregation is associated with perceived hostility of Western governments to Islam. Further, we find that Muslims living in segregated neighbourhoods and enclaves have a higher probability of believing that Western governments are hostile to Islam. National origins of Muslim immigrants have a significant impact, with people from African countries measuring less perceived hostility than others. We also find that education is associated with perceived hostility of Western governments to Islam in a non‐linear way. People with the highest and lowest levels of education tend to be less likely to believe that Western governments are hostile to Islam, relative to people with mid‐level education. This non‐linear effect is best explained by education’s differential effects on perceptions of key world events. During the time between 2011 – before ISIS’s announcement of its Caliphate in Iraq and Syria – and 2013, subsequent to that announcement, we see a sharp decrease in perception of Western governments’ hostility to Islam, particularly among more educated European Muslims. We make the case that this decrease can be attributed, in some ways, to the emergence of ISIS. We discuss our findings in terms of theoretical and policy implications.     

An islamic perspective for strengths-based social work with muslim clients

This paper examines the Islamic concept of fi?ra or ‘original purity’ in relation to the strengths perspective in social work as a basis to guide religious and culturally appropriate services to Muslim clients. Both fi?ra and the strengths perspective presuppose a positive view of humankind; people are viewed as resilient and capable of growth and development, albeit in respective Islamic and secular systems, these outcomes are towards different ends. In Islam, growth and development links to the self but, ultimately, also to one's relationship with God. In secular social work systems, individual effort and the ability to overcome adversity and become whole are key and need not necessarily be linked to a God. This paper assesses the concept of fi?ra in relation to the strengths perspective to determine a religious and culturally appropriate equivalent for working with Muslim clients within the broader context of multicultural practice.     

Insider/Outsider: A Muslim Woman's Adventure Practicing ‘Alongside’ Narrative Therapy

The following paper centres on my unique experience as a white Australian therapist who is able to sympathise with a Western world view while being immersed in an Islamic world view. The goal is to share my journey as a Muslim Australian via an auto‐ethnography reflexive method. Using diaries, intentional reflexive positioning, and multiple modes of supervision, I contemplate an Islamic identity and value system while negotiating poststructural therapies such as solution‐focused collaborative, and in particular, narrative therapy as viable approaches to working with the Muslim community. There are two inquiries which are of interest. The first is to reflexively describe the experience of being a Muslim practitioner and wondering whether core differences in epistemological views between social constructionism and Islamic doctrine can be overcome. Secondly, this enquiry explores Quranic guidelines about how to perceive ‘problems’ in life, based on the premise that understanding how an Islamic world view addresses life's troubles may add to deeper conceptions of the role of difficulties. I propose that adherent Muslims have a natural metaphorical way of thinking that connects with some of the poststructural therapeutic skills and techniques and at the same time draw on past Quranic solutions for contemporary problems. Little has been written on narrative therapy as a suitable approach to working with Muslim clients. In the current paper I review my personal experience as a veiled Muslim therapist striving to implement narrative therapy alongside an Islamic epistemology.     

The Criminalization of Muslims in the United States, 2016

The criminalization of Muslims—framing an Islamic religious identity as a problem to be solved using state crime control logic—is undeniably in process in the United States. Local, state, and federal statutes target Muslims for surveillance and exclusion, and media sources depict Muslims as synonymous with terrorism, as others have shown. This paper analyzes the public’s role in the criminalization of Islam, which I call “cr-Islamization.” Drawing on in-depth, qualitative interviews in a major Southwest city during the lead-up to the 2016 presidential election, I detail how the majority of 144 politically, racially, and economically diverse interviewees talk about Muslims as a potential “racial threat,” using “fear of crime” language indicative of the mass incarceration era. This suggests that criminalization theory should be central to sociological studies of Muslims in the contemporary United States, and that criminalization rhetoric remains powerful, despite mainstream enthusiasm for criminal justice reform. I argue that criminalization’s power might reside in its ability to mutate in the “post-racial” era. The mechanisms supporting crimmigration, the criminalization of black Americans, and cr-Islamization are related but not identical. Muslims are religiously and racially subjugated, but more economically secure compared to other criminalized groups. This paper’s findings should prompt scholars to re-examine the relationships between racialization, criminalization, religious subjugation, and economic exploitation in the twenty-first century United States.

     

Where tradition and ‘modern’ knowledge meet: exploring two Islamic schools in Singapore and Britain

Muslims live in a ‘modern’ world where subjects such as the English language, mathematics, sciences, and information and communication technology (ICT) are highly valued and enthusiastically transmitted in schools. How some Islamic schools attempt to equip their students with ‘modern knowledge’ while remaining faithful to their religious traditions is the focus of this exploratory study. Using two Islamic schools in Singapore and Britain as illustrative case studies, this paper examines their history, aims, curriculum and pedagogy in their aspiration to acquire ‘modern’ knowledge within their Islamic world views. It further explores some common challenges faced by students and teachers in both schools in their quest for a balanced curriculum. By highlighting the Islamic schools in two Muslim minority countries, this paper aims to contribute towards the international literature on how religious schools assert their cultural heritage and negotiate their learning in the modern age.     

论社会转型中伊斯兰伦理道德的社会协调作用

伊斯兰教伦理准则是以《古兰经》和"圣训"为依据的,对协调社会关系起了重要作用。其主要包括:协调人与人、人与社会之间的关系;协调穆斯林个体与社会之间的关系;担负起社会的责任和义务;构成了穆斯林生存的心理定力等。     

Quantifying the Muslim population in Europe: Conceptual and data issues

A review of the growing literature on the Muslim population in Europe shows that it remains poorly captured in official statistics. There is no authoritative map of the distribution of Muslims in Europe, and little quantitative evidence on their demographic, social or economic characteristics. This paper undertakes a systematic review of the conceptual and methodological issues surrounding the quantification of Muslim populations. With few countries routinely collecting data on religious affiliation, this is generally based on an estimation of the association between religion and some other measure of identity, such as country of birth or nationality. The rationale for the various 'religiousproxy' methods, and their limitations, is discussed in relation to the range of different data regimes observed across the region. The paper argues that changes in the political status of Muslim populations (following naturalization) and the manner of their growth (increasingly driven by natural increase) have meant that in statistical terms, they represent a disappearing target. The paper concludes that meaningful statistics on the Muslims in Europe will increasingly depend on the direct measurement of religious affiliation.     

Global Norms vs. Global Actors: International Politics,Muslim Identity,and Support for Shariʿa

Many scholars argue that local cultures are an impediment to the diffusion of “global” norms. Others point out that local populations domesticate global cultural elements by integrating them into preexisting cultures, generating hybridized systems. In the current study, I argue that local cultures are not necessarily impediments to cultural change and hybridization is only one aspect of cultural domestication. Instead, I find that individuals attribute global norms to local cultural objects as a means for disassociating putatively universal norms from the powerful actors that dominate international politics. I illustrate this process using the case of support for shari?a (sometimes called Islamic law) in majority‐Muslim countries. Results of multimethod analyses show that with the exception of attitudes about gender roles and sexuality, Muslims who support implementing shari?a do not systematically object to many so‐called global norms; in fact, they may express more enthusiasm about democracy, tolerance for people of other religions, optimism about scientific advances, and concern for environmental preservation than those who oppose implementing shari?a. Likewise, many Muslims assert their full participation in global society on terms not dictated by Western actors by repackaging ostensibly universal norms as components of the unambiguously local shari?a.     

National conceptions,transnational solidarities: Turkey,Islam and Europe

In this article, I examine the interplay between the institutionalization of Islam in Europe and the transnationalism of Turkey's Directorate for Religious Affairs (Diyanet). Based on extensive fieldwork in Turkey, Austria, Belgium, France and Germany, I demonstrate not only the salience of the nation‐state prerogative on the part of both European states and the Turkish state but also the tension between national conceptions of Muslim identity on both sides amid transnational solidarities. I also argue that, to a certain extent, European policies of detransnationalizing the Muslim field in Europe also intersect with the Diyanet's transnational politics vis‐à‐vis Turkish/Muslim immigrants in their common resistance to the deculturalization of Muslims in Europe. While European countries try to nationalize their respective Muslim communities into their cultural and juridical framework through reterritorialization, the Diyanet has increasingly deterritorialized its activities to preserve a Muslim identity engrained in Turkishness – hence, the coexistence of both a tension and mutual accommodation between Europe and Turkey.     

John Porter Book Prize Lecture: Bringing the Social Back In—On the Integration of Muslim Immigrants and the Jurisprudence of Muslim Minorities

In much of the academic debate on the integration of Muslims into Western liberal democracies, Islam is often treated as one or the sole independent variable in the lives of Muslims. Offering to view Islam—or the understanding of Islam among Muslims—as the dependent variable, The Muslim Question in Canada discusses the influence of socioeconomic forces in shaping the Muslim immigrants’ opinions, modes of thinking, and even interpretations of their faith. Drawing on this general approach, which is introduced and developed in the book using a variety of both quantitative and qualitative data, this article focuses on a school of thought within the Islamic jurisprudence known as fiqh al‐aqalliyyat al‐Muslema (the jurisprudence of Muslim minorities). The premise of the jurisprudence of Muslim minorities is that the lived realities of Muslims who reside in non‐Muslim countries are so fundamentally different from those of the Muslim‐majority nations that traditional Islamic jurisprudence cannot offer meaningful solutions for their problems. Therefore, there is a need to establish an entirely different jurisprudential approach centered around the lives of the Muslim minorities. The purpose of the bulk of jurisprudential theorization efforts in this line of reasoning is to facilitate the lives of the Muslim minorities; as well, they aim to create a foundation for the moral obligations of Muslims toward non‐Muslims in such environments. I argue that a crucial element that triggers such a development is the existence of a positive relationship between Muslims and non‐Muslims in immigrant‐receiving countries. Souvent au sein des débats sur l'intégration des Musulmans dans des démocraties libérales de l'Ouest, l'Islam est traité comme un ou le seul enjeu dans la vie des fidèles. The Muslim Question in Canada examine l'Islam ou la compréhension de l'Islam chez les Musulmans comme un enjeu dépendent et aborde l'influence des forces socio‐économiques sur les opinons des immigrants musulmans ainsi que sur leurs modes de pensée et même sur la manière dont ils interprètent leur foi. Inspiré par cette approche, que l'on présente et développe dans le livre, et qui se sert de données à la fois quantitatives et qualitatives, cet article se concentre sur une école de pensée à l'intérieur de la jurisprudence islamique, connue sous le nom de fiqh al aqalliyyat al‐Muslema (la jurisprudence des minorités musulmanes). La prémisse de la jurisprudence des minorités musulmanes est que les réalités vécues par les Musulmans qui vivent dans des pays non‐musulmans sont au fond tellement différentes de celles de la majorité musulmane que la jurisprudence traditionnelle ne présente pas de solutions pertinentes pour résoudre leurs problèmes. Ainsi, il faut établir une approche jurisprudentielle totalement différente, axée sur la vie des minorités musulmanes. L'objectif de la plupart des efforts au niveau de la théorisation de la jurisprudence qui adoptent cette vision est de rendre la vie des minorités musulmanes plus facile. Ces efforts tentent aussi de faire en sorte que les Musulmans ressentent une certaine obligation morale envers les non‐Musulmans dans ces environnements. J'avance ici que l'aspect qui déclenche un tel développement est le rapport positif entre les Musulmans et les non‐Musulmans dans les pays qui reçoivent des immigrants.     

Religious Microaggressions: A Case Study of Muslim Americans

ABSTRACT

The increasing population of Muslims in America faces challenges not uncommon to other faith and immigrant communities. One particular challenge is Muslim experiences of various forms of discrimination, prejudice, anti-Muslim bigotry, and microaggressions, especially in post-9/11 America. While microaggressions have been discussed in the social sciences literature, religious microaggressions have not been clearly addressed in the social work literature. This article aims to fill this gap in the literature by examining the connections among racial microaggressions, the racialization of religion, and ultimately religious microaggressions. The article concludes by presenting implications for social work policy, practice, and education in the area of religious microaggressions.     

Social Studies as Social Reconstruction

Research indicates that most American citizens know little about Islam and, specifically, the major differences between Sunni Muslims and Shiite Muslims and why this matters to the United States. Although the two major Islamic factions share many common core beliefs and practices, there are some significant religious and political differences dating back to the disagreement over the succession of leadership in the Muslim community after the Prophet Muhammad died in 632. Indeed, sectarianism has played a pivotal role in the turbulent geopolitics of the Middle East for centuries. Islam must be studied for its contributions and role in world history. Therefore, it is crucial that social studies educators teach not only the core beliefs, rituals, and history of Islam but the differences between Sunni and Shiite Muslims. This knowledge is vital if Americans are to make prudent decisions regarding support for specific foreign policy positions and decisions regarding Islam and Muslim countries. This article describes and explains the differences between Sunni and Shiite Muslims and discusses the implications for the United States and social studies education. Finally, the article shows how Islam can be implemented in the NCSS C3 Framework.     

Muslim religious accommodations in Western Europe: Do multicultural policies impact religiosity levels among Muslims,Catholics and Protestants?

How do religious accommodations for Muslim minorities shape religiosity levels among Muslims minorities? Answering this question is critical in the contemporary period, as Western European countries have experienced greater diversity in religious affiliations due to immigration. In this article, we address this question by analysing individual data across multiple waves of the European Social Survey (ESS). Our analysis improves on existing studies in that it (1) incorporates a greater number of countries than prior studies, (2) covers a historically novel period of religious accommodations for Muslim minorities and (3) more effectively controls for unmeasured country and time‐invariant processes than previous research. We find that in countries that have instituted greater religious accommodations, Muslim respondents generally report higher levels of religiosity. Interestingly, we also find that the greater institutionalization of religious accommodations for Muslims also impacts the subjective religiosity levels of Protestant majorities. We find no effect for Catholic respondents.     

Stigmatized Identities: Too Muslim to Be American,Too American to Be Muslim

In the United States today, Muslim identity is highly stigmatized. Much of this can be attributed to an increasing climate of Islamophobia. The current study finds that some Muslim Americans are confronted with another source of stigma: other Muslims. Using interview data with 23 Muslim Americans in and around Houston, TX, this study examines the intersection of religious out‐group and in‐group stigma in the lives of Muslim Americans. Findings suggest that stigma comes not only from non‐Muslims, but also from other Muslims. Some Muslim Americans are especially vulnerable to religious in‐group stigma. Those who are most acculturated to non‐Muslim, Western culture often face criticism from Muslim communities, be they inside or outside the United States. These Muslim Americans find that they are not perceived as fully Muslim or fully American, and therefore denied the full benefits of either status while simultaneously bearing the burden of both. This paper articulates the multiple dimensions of stigma faced by Muslims in America.