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Western Muslims or Muslims in the West?
Western Muslims or Muslims in the West?
It has been over a 100 years since Muslims have resided in Canada. According to the 1871 Canadian Census, there were 13 Muslims living in Canada whereas today, the number is estimated to be over 800,000. In the last few decades, many Muslims left their homes to escape the political and economic turmoil they faced in their homelands. The complexities of returning back along with the deteriorating situation of Muslim countries prompted the first generation to remain in Canada. This mass migration led the way for a second generation of Muslims to be born in this country –giving them the ability to take culture and tradition from both their parents and mainstream society. As a result, Muslims are now confronted with a variety of new issues and variations of old issues that their forefathers did not face.
Westernized Islam?
The recent call for Muslims to be more adaptive to their environment states that Muslims should, “do more to integrate and reconcile their Islamic and civic identities.†Reconciling Islam to one’s environment belies the fact that Islam is a unique system that correctly regulates the needs and identity of both the individual and society. Allah (swt) being Al-Khaliq – The Creator of all that exists with His infinite knowledge – will evidently know what is best for His creation. His guidance will provide solutions to any problem that human beings have or will encounter. The call to reconcile Islam with the local environment will require Muslims to distance themselves from the teachings of the Quran and Sunnah. The Prophet (saw) came as the last and final Prophet with the Deen for all mankind until the Day of Judgment. As such, Islam has provided all the tools necessary to derive different rulings regardless of the time or place.
Using the country of residence as the basis for what Ahkam (rulings) are implemented will result in an Islam that will change from one country to the next as the reality becomes the basis of decisions and not the Hukm (ruling) of Allah (swt). For example, Muslim women are required to wear the Hijab because it is a clear commandment from Allah (swt), in reference to the verse where Allah (swt) says:
“And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their Juyubihinna …†[TMQ 24:31]
However in 2004, France passed a bill banning the Hijab in public educational institutions. In response, Fatwas were issued stating that, “In case life becomes unbearable under these new laws; Muslim women are allowed to use the best possible alternatives available to them. If wearing a bandana is the only option, they are allowed to do that...But until such time that the pressure is off, they are allowed to wear it to school or other places where Hijab is banned.†Consequently, such Fatwas have given permission for women’s attire to be altered even though there was no basis for this change in the Akham as there are other alternatives available for Muslim women who wish to seek an education.
The basis for permitting Muslim women in France to remove their Hijab is based on a way of thinking that allows the benefit or necessity of a situation to be the underlying guiding principle. Proponents of an understanding of Islam specific to the West say, “The laws are there to serve human beings; we are not there to serve the law. We are there to serve Allah, and that is why whenever the law does not serve you, you are permitted to abandon it, and that is actually following the law. The law is for our benefit, not for our harm. Therefore, if the law harms us, we no longer have to abide by it.â€
“And so judge between them by what Allah has revealed and follow not their desires but beware of them lest they turn you far away (O Muhammad) from some of that which Allah has sent down to you..." [TMQ 5:49]
Implementing the rules set by Allah (swt) is an act of obedience, not one of convenience. The implementation of Allah’s (swt) Shariah should not be based on ease or benefit but rather on the strength of the Daleel (evidence) that one is subjected to. Thus, necessity or benefit can not be used as a justification to legalize any kind of action, which has been forbidden by Allah (swt).
Fiqh of Minorities: An Introduction
Due to the depth of the subject and the limited space, only Al Darurah and Al Maslaha will be examined.
Al Darurah
The concept of Al Darurah has been used to provide permission in instances where an action would be considered Haram under normal circumstances. For example, when pursuing post-secondary education, one is faced with the option of taking student loans. Some scholars have stated that, “like all other loans, student loans are also permissible as long as they do not involve interest. However, if a student is in dire need to pursue his/her studies and no loans are available without interest, then in that case, under the rule of necessity, it would be permissible for the student to take the minimum loan which he/she would need to pay it back as soon as possible.†The contention with such Fatwas is that permission is being given to an action which is clearly Haram and for which there was no “dire necessityâ€. However, due to the undesirability or difficulties associated with choosing an alternate option, permission is therefore given.
The basis of Al Darurah as revealed by Allah (swt) is well known amongst Muslims and it is related to the situation in which a Muslim is dying of hunger. It is a familiar concept that eating the meat of swine is Haram. However, if a Muslim was in a situation where he had absolutely no other food except swine and he was on the brink of death, then it would be permissible based on Al Darurah to eat enough swine in order to maintain life. Allah (swt) says:
Verily, He has forbidden on you dead meat, blood, and the meat of swine, and what has been invoked on it other than Allah. But if one is forced by necessity, without willful disobedience, nor transgressing due limits, then is he guiltless. For Allah is Oft-Forgiving, Most Merciful. [TMQ 2:173]
So, what is meant by necessity? If man is left to his desires and whims, he will arbitrarily raise and lower the bar of necessity, depending on circumstances. This will also bring conflicting definitions of what is necessity and what is not, from one person to another, depending on personal gains and interests. This Deen did not leave this concept undefined, as it did not leave anything else undefined. Allah (swt) says:
“There is, in their stories, instruction for men endued with understanding. It is not a tale invented, but a confirmation of what went before it, a detailed exposition of all things, and a Guide and a Mercy to any such as believe.†[TMQ 12:111]
“They asked: Oh Messenger of Allah! We are in a land where famine affects us, so when does the dead meat become Halal (permissible) to us? He said: If the people did not have lunch, and did not have dinner, and did not have any plant to eat, then it is for you (the people).†[Ahmad]
This narration points out two main issues:
It is obvious that a person who is not hungry, and not in need of food cannot eat dead meat, due to the Prophet (saw)’s response to the question: When can we eat dead meat? So it was asked for the point at which the excuse of Al Darurah becomes valid, and the Prophet (saw) answered: If the people did not have lunch, and did not have dinner, and did not have any plant to eat, then it is for you.
He set the condition and clarified that it must be a real state of need, as opposed to a theoretical or probable state, by emphasizing the lack of available options. It is also clear that if the people had at least some plants to eat, then they would not be permitted to eat dead meat, as they did not yet fulfill the criterion of Al Darurah.
This is the criterion the Prophet (saw) gave Muslims as to when something Haram to eat becomes Halal, or else it still remains haram. If there were no limit set for the exception, then there would have not been a point in forbidding the dead meat in the first place. So Al Darurah is clearly defined as what keeps a person alive, and if it were to exceed this limit, then the person is sinful, as was said in the verse: “without willful disobedience, nor transgressing due limitsâ€.
Al Maslahah
The definition of Al Maslahah is the action from which good and benefit is always or mostly acquired, whether it be for the public or the individual. To support this claim the example of forbidding alcohol and gambling in the Quran is used stating that there is a benefit in them, but it is a small benefit, outweighed by the greater harm in them. Allah (swt) says:
“They ask you (O Muhammad) concerning alcoholic drink and gambling. Say ‘In them is a great sin, (some) benefits for men, but the sin of them is greater than their benefit.’…†[TMQ 2:219]
They compare between the interest secured by the Islamic rule (on this issue) and the harms that resulted from it, from a rational perspective. In their view, if the harm were greater then they would leave the Islamic rule on the issue for the benefit of the rational rule whose interest is greater. If the interest were greater in the Islamic rule, they would act upon it, not because Allah (swt) ordered them to do so, but because the mind agreed to accept it.
This method for deriving a ruling is not only dangerous but also incorrect as it gives guardianship to the mind and whims over the Shariah. It gives the mind the role of the arbitrator over the Law of Allah (swt), and places the mind above the Shariah. The right to legislate lies only with Allah (swt) as the human mind has been created with limited ability. Due to the limited capacity of the mind, it will not be able to derive rulings which will with absolute certainty be beneficial for man because it does not know what is truly beneficial as it can not go beyond the sum of his experiences and its application.
What will bring about benefit or repel harm is not known to anyone except Allah (swt). Allah (swt) says:
“Fighting is prescribed upon you, and you dislike it; and it may be that you dislike a thing that is good for you, and you love a thing that is bad for you. Allah knows and you know not.†[TMQ 2:216]
“And he makes the Tayyebaat (good things) halal for them, and he makes the Khabeeth (bad things) haram upon them†[TMQ 7:157]
The Tayyib (good) is what Allah (swt) has made Halal, and it was not known to be good except after Allah (swt) allowed it. The Khabeeth (bad) is that which Allah (swt) made haram, and it was not known to be bad except after it was forbidden. It does not mean that the mind defines what is good and so it was made Halal, or the mind determines what an evil is and so it was made Haram.
Only the Creator - Allah (swt) knows truly what is beneficial for His creation as He is neither bound nor constrained by any limitations. Since Allah (swt) created mankind, He knows what is best for them. Only in following the Shariah can Al Maslahah be truly gained - that an action is initiated in accordance with what Allah (swt) has revealed in the hope of attaining His pleasure.
Implementing the Shariah as a whole will guarantee Al Maslahah in this life and the hereafter.
Accountability towards Allah (swt)
The responsibility of all Muslims whether living in the East or the West, in a Muslim country or non-Muslim country is to abide by the Ahkam (rulings). This means that all actions – whether they are Ibadaat (acts of worship) or Muamalaat (dealings/transactions) must be based on evidence from the Quran, Sunnah, Ijma As-Sahabah or Qiyas. When uttering and accepting the Shahadah: La illaha illallah Muhammadan Rassullallah, it is being stated that there is no Illah (source of reference for all matters, who or what we turn towards for our needs, solutions, organization in life, and so on) except Allah (swt).
Sometimes the benefits have been mentioned by Allah (swt) and sometimes they have not. Ultimately the benefit is to seek the evidence for any action and to act upon it.
The struggle to serve Allah (swt) is a struggle that all nations have faced. Each individual faces the test whether he or she will choose to serve Allah (swt) or serve their own desires. One famous incident that emphasizes this struggle was the issue of the archers during the Battle of Uhud. In the battle, the Prophet (saw) prepared the defenses of the archers and ordered them to stay where they were — on the Uhud mountain side. The Prophet (saw) made it clear to the archers that they were not to move from the mountain, until he sent for them. He (saw) said:
"If you see us snatched into pieces by birds, do not leave this position of yours until I send for you. And if you see that we have defeated the enemy and trodden on them do not desert your position until I send for you." [Bukhari]
Just as the Ummah was poised for victory, the archers decided to put Al Maslahah of pursuing the Anfal (spoils of war) above the order of the Prophet (saw).Most are aware of the disaster that followed this decision. However, we need to put ourselves on that mountain at that point in time. If we could imagine, 40 of the 50 archers rushing to gather the Anfal – while the leader is urging us to heed the command of Rasullah (saw). What would we do? Now, the situation gets worse – we see Khalid ibn Waleed, the general of the Quraishi army coming straight at us. Do we obey the command of Rasullah (saw) or do we put aside the order for the sake of achieving “benefits� Clearly, the victory lies in obeying Allah (swt) and following the Sunnah of the Prophet (saw). Allah (swt) says:
“Say: (O Muhammad) If you love Allah, then follow me, Allah will love you and forgive you your faults, and Allah is Forgiving, Merciful†[TMQ 3:31]
It has been over a 100 years since Muslims have resided in Canada. According to the 1871 Canadian Census, there were 13 Muslims living in Canada whereas today, the number is estimated to be over 800,000. In the last few decades, many Muslims left their homes to escape the political and economic turmoil they faced in their homelands. The complexities of returning back along with the deteriorating situation of Muslim countries prompted the first generation to remain in Canada. This mass migration led the way for a second generation of Muslims to be born in this country –giving them the ability to take culture and tradition from both their parents and mainstream society. As a result, Muslims are now confronted with a variety of new issues and variations of old issues that their forefathers did not face.
Using the country of residence as the basis for what Ahkam (rulings) are implemented will result in an Islam that will change from one country to the next as the reality becomes the basis of decisions and not the Hukm (ruling) of Allah (swt). For example, Muslim women are required to wear the Hijab because it is a clear commandment from Allah
In order to fit into ‘Canadian society’, Muslims are being asked to adopt an interpretation of Islam that is different from what is being practiced in the Muslim lands. European and North American Islam is formulated by local scholars and imams who are considered to be better informed about local conditions. To accelerate the adoption of such an innovation, the Muslim community in Canada is urged implicitly to prioritize on its own local problems, at the expense of issues related to the Muslim Ummah at large.Westernized Islam?
The recent call for Muslims to be more adaptive to their environment states that Muslims should, “do more to integrate and reconcile their Islamic and civic identities.†Reconciling Islam to one’s environment belies the fact that Islam is a unique system that correctly regulates the needs and identity of both the individual and society. Allah (swt) being Al-Khaliq – The Creator of all that exists with His infinite knowledge – will evidently know what is best for His creation. His guidance will provide solutions to any problem that human beings have or will encounter. The call to reconcile Islam with the local environment will require Muslims to distance themselves from the teachings of the Quran and Sunnah. The Prophet (saw) came as the last and final Prophet with the Deen for all mankind until the Day of Judgment. As such, Islam has provided all the tools necessary to derive different rulings regardless of the time or place.
Using the country of residence as the basis for what Ahkam (rulings) are implemented will result in an Islam that will change from one country to the next as the reality becomes the basis of decisions and not the Hukm (ruling) of Allah (swt). For example, Muslim women are required to wear the Hijab because it is a clear commandment from Allah (swt), in reference to the verse where Allah (swt) says:
“And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their Juyubihinna …†[TMQ 24:31]
However in 2004, France passed a bill banning the Hijab in public educational institutions. In response, Fatwas were issued stating that, “In case life becomes unbearable under these new laws; Muslim women are allowed to use the best possible alternatives available to them. If wearing a bandana is the only option, they are allowed to do that...But until such time that the pressure is off, they are allowed to wear it to school or other places where Hijab is banned.†Consequently, such Fatwas have given permission for women’s attire to be altered even though there was no basis for this change in the Akham as there are other alternatives available for Muslim women who wish to seek an education.
The basis for permitting Muslim women in France to remove their Hijab is based on a way of thinking that allows the benefit or necessity of a situation to be the underlying guiding principle. Proponents of an understanding of Islam specific to the West say, “The laws are there to serve human beings; we are not there to serve the law. We are there to serve Allah, and that is why whenever the law does not serve you, you are permitted to abandon it, and that is actually following the law. The law is for our benefit, not for our harm. Therefore, if the law harms us, we no longer have to abide by it.â€
Implementing the rules set by Allah (swt) is an act of obedience, not one of convenience.
Following this line of thinking, a rule implemented in the past and considered a part of Islam may be perceived as not being required in the present, as there is no longer an associated benefit, or an overriding necessity for its implementation. This will therefore permit the Akahm of Allah (swt) to be altered potentially resulting in the abandonment of the Akham until Islam is no longer recognizable from one country to the next or from one time to another. Allah (swt) says:“And so judge between them by what Allah has revealed and follow not their desires but beware of them lest they turn you far away (O Muhammad) from some of that which Allah has sent down to you..." [TMQ 5:49]
Implementing the rules set by Allah (swt) is an act of obedience, not one of convenience. The implementation of Allah’s (swt) Shariah should not be based on ease or benefit but rather on the strength of the Daleel (evidence) that one is subjected to. Thus, necessity or benefit can not be used as a justification to legalize any kind of action, which has been forbidden by Allah (swt).
Fiqh of Minorities: An Introduction
- The call for allowing Islam to change according to the environment is based on:
- The claim that the concept of Dar Al-Islam and Dar Al-Kufr no longer apply today.
- The claim that some scholars altered their Usool when they moved from one place to another merely because of the change of place.
- The claim that the default state of actions is Mubah (permissible).
- Al Darurah (Necessity).
- Al Maslahah (Benefit).
Due to the depth of the subject and the limited space, only Al Darurah and Al Maslaha will be examined.
Al Darurah
The concept of Al Darurah has been used to provide permission in instances where an action would be considered Haram under normal circumstances. For example, when pursuing post-secondary education, one is faced with the option of taking student loans. Some scholars have stated that, “like all other loans, student loans are also permissible as long as they do not involve interest. However, if a student is in dire need to pursue his/her studies and no loans are available without interest, then in that case, under the rule of necessity, it would be permissible for the student to take the minimum loan which he/she would need to pay it back as soon as possible.†The contention with such Fatwas is that permission is being given to an action which is clearly Haram and for which there was no “dire necessityâ€. However, due to the undesirability or difficulties associated with choosing an alternate option, permission is therefore given.
The basis of Al Darurah as revealed by Allah (swt) is well known amongst Muslims and it is related to the situation in which a Muslim is dying of hunger. It is a familiar concept that eating the meat of swine is Haram. However, if a Muslim was in a situation where he had absolutely no other food except swine and he was on the brink of death, then it would be permissible based on Al Darurah to eat enough swine in order to maintain life. Allah (swt) says:
Verily, He has forbidden on you dead meat, blood, and the meat of swine, and what has been invoked on it other than Allah. But if one is forced by necessity, without willful disobedience, nor transgressing due limits, then is he guiltless. For Allah is Oft-Forgiving, Most Merciful. [TMQ 2:173]
So, what is meant by necessity? If man is left to his desires and whims, he will arbitrarily raise and lower the bar of necessity, depending on circumstances. This will also bring conflicting definitions of what is necessity and what is not, from one person to another, depending on personal gains and interests. This Deen did not leave this concept undefined, as it did not leave anything else undefined. Allah (swt) says:
“There is, in their stories, instruction for men endued with understanding. It is not a tale invented, but a confirmation of what went before it, a detailed exposition of all things, and a Guide and a Mercy to any such as believe.†[TMQ 12:111]
So, what is meant by necessity? If man is left to his desires and whims, he will arbitrarily raise and lower the bar of necessity, depending on circumstances.
A narration from the Prophet (saw) helps to define and clarify a few key points related to the concept of Al Darurah. Abi Waaqid al Laythee said:“They asked: Oh Messenger of Allah! We are in a land where famine affects us, so when does the dead meat become Halal (permissible) to us? He said: If the people did not have lunch, and did not have dinner, and did not have any plant to eat, then it is for you (the people).†[Ahmad]
This narration points out two main issues:
- What Al Darurah (necessity) is.
- The one who commits a sin, out of necessity, and the one who does not.
It is obvious that a person who is not hungry, and not in need of food cannot eat dead meat, due to the Prophet (saw)’s response to the question: When can we eat dead meat? So it was asked for the point at which the excuse of Al Darurah becomes valid, and the Prophet (saw) answered: If the people did not have lunch, and did not have dinner, and did not have any plant to eat, then it is for you.
He set the condition and clarified that it must be a real state of need, as opposed to a theoretical or probable state, by emphasizing the lack of available options. It is also clear that if the people had at least some plants to eat, then they would not be permitted to eat dead meat, as they did not yet fulfill the criterion of Al Darurah.
This is the criterion the Prophet (saw) gave Muslims as to when something Haram to eat becomes Halal, or else it still remains haram. If there were no limit set for the exception, then there would have not been a point in forbidding the dead meat in the first place. So Al Darurah is clearly defined as what keeps a person alive, and if it were to exceed this limit, then the person is sinful, as was said in the verse: “without willful disobedience, nor transgressing due limitsâ€.
Al Maslahah
The definition of Al Maslahah is the action from which good and benefit is always or mostly acquired, whether it be for the public or the individual. To support this claim the example of forbidding alcohol and gambling in the Quran is used stating that there is a benefit in them, but it is a small benefit, outweighed by the greater harm in them. Allah (swt) says:
“They ask you (O Muhammad) concerning alcoholic drink and gambling. Say ‘In them is a great sin, (some) benefits for men, but the sin of them is greater than their benefit.’…†[TMQ 2:219]
They compare between the interest secured by the Islamic rule (on this issue) and the harms that resulted from it, from a rational perspective. In their view, if the harm were greater then they would leave the Islamic rule on the issue for the benefit of the rational rule whose interest is greater. If the interest were greater in the Islamic rule, they would act upon it, not because Allah (swt) ordered them to do so, but because the mind agreed to accept it.
This method for deriving a ruling is not only dangerous but also incorrect as it gives guardianship to the mind and whims over the Shariah. It gives the mind the role of the arbitrator over the Law of Allah (swt), and places the mind above the Shariah. The right to legislate lies only with Allah (swt) as the human mind has been created with limited ability. Due to the limited capacity of the mind, it will not be able to derive rulings which will with absolute certainty be beneficial for man because it does not know what is truly beneficial as it can not go beyond the sum of his experiences and its application.
What will bring about benefit or repel harm is not known to anyone except Allah (swt). Allah (swt) says:
“Fighting is prescribed upon you, and you dislike it; and it may be that you dislike a thing that is good for you, and you love a thing that is bad for you. Allah knows and you know not.†[TMQ 2:216]
What will bring about benefit or repel harm is not known to anyone except Allah (swt).
From this perspective we are able to understand the saying of Allah (swt):“And he makes the Tayyebaat (good things) halal for them, and he makes the Khabeeth (bad things) haram upon them†[TMQ 7:157]
The Tayyib (good) is what Allah (swt) has made Halal, and it was not known to be good except after Allah (swt) allowed it. The Khabeeth (bad) is that which Allah (swt) made haram, and it was not known to be bad except after it was forbidden. It does not mean that the mind defines what is good and so it was made Halal, or the mind determines what an evil is and so it was made Haram.
Only the Creator - Allah (swt) knows truly what is beneficial for His creation as He is neither bound nor constrained by any limitations. Since Allah (swt) created mankind, He knows what is best for them. Only in following the Shariah can Al Maslahah be truly gained - that an action is initiated in accordance with what Allah (swt) has revealed in the hope of attaining His pleasure.
Implementing the Shariah as a whole will guarantee Al Maslahah in this life and the hereafter.
Accountability towards Allah (swt)
The responsibility of all Muslims whether living in the East or the West, in a Muslim country or non-Muslim country is to abide by the Ahkam (rulings). This means that all actions – whether they are Ibadaat (acts of worship) or Muamalaat (dealings/transactions) must be based on evidence from the Quran, Sunnah, Ijma As-Sahabah or Qiyas. When uttering and accepting the Shahadah: La illaha illallah Muhammadan Rassullallah, it is being stated that there is no Illah (source of reference for all matters, who or what we turn towards for our needs, solutions, organization in life, and so on) except Allah (swt).
Sometimes the benefits have been mentioned by Allah (swt) and sometimes they have not. Ultimately the benefit is to seek the evidence for any action and to act upon it.
The struggle to serve Allah (swt) is a struggle that all nations have faced. Each individual faces the test whether he or she will choose to serve Allah (swt) or serve their own desires. One famous incident that emphasizes this struggle was the issue of the archers during the Battle of Uhud. In the battle, the Prophet (saw) prepared the defenses of the archers and ordered them to stay where they were — on the Uhud mountain side. The Prophet (saw) made it clear to the archers that they were not to move from the mountain, until he sent for them. He (saw) said:
"If you see us snatched into pieces by birds, do not leave this position of yours until I send for you. And if you see that we have defeated the enemy and trodden on them do not desert your position until I send for you." [Bukhari]
Just as the Ummah was poised for victory, the archers decided to put Al Maslahah of pursuing the Anfal (spoils of war) above the order of the Prophet (saw).Most are aware of the disaster that followed this decision. However, we need to put ourselves on that mountain at that point in time. If we could imagine, 40 of the 50 archers rushing to gather the Anfal – while the leader is urging us to heed the command of Rasullah (saw). What would we do? Now, the situation gets worse – we see Khalid ibn Waleed, the general of the Quraishi army coming straight at us. Do we obey the command of Rasullah (saw) or do we put aside the order for the sake of achieving “benefits� Clearly, the victory lies in obeying Allah (swt) and following the Sunnah of the Prophet (saw). Allah (swt) says:
“Say: (O Muhammad) If you love Allah, then follow me, Allah will love you and forgive you your faults, and Allah is Forgiving, Merciful†[TMQ 3:31]
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