ibâḍism, origins and early development in oman - john wilkinson

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of Islamic kalâm and fiqh and the influence of contemporary theologicaldebate.

Fiqh in the Twentieth Century: A Comparative Approach

KATE ZEBIRI

in Maḥmūd Shalt=ut and Islamic Modernism

Published in print: 1993 Published Online:October 2011ISBN: 9780198263302 eISBN: 9780191682469Item type: chapter

Publisher: Oxford University PressDOI: 10.1093/acprof:oso/9780198263302.003.0005

This chapter examines the works of Maḥmūd Shaltūt relevant to theIslamic fiqh. During the 19th and 20th centuries, the development of fiqh was overtaken by the rapid pace of legal reforms and in many casesthe Shari'a was displaced by Western-style codes of law. Despite this,Shaltūt did not confine his works on acts of worship and family lawsand expanded his scope to cover the subjects of civil, criminal liability,and penal law. His legal works were always based on the framework of traditional Islamic jurisprudence.

Epilogue

KATE ZEBIRI

in Maḥmūd Shalt=ut and Islamic Modernism

Published in print: 1993 Published Online:October 2011ISBN: 9780198263302 eISBN: 9780191682469Item type: chapter


This concluding chapter sums up the key findings of this study onthe contribution of Shaykh Maḥmūd Shaltūt to Islamic modernism.It suggests that the importance of Shaltūt's work lies not only in hiscontribution as an Islamic scholar, but in the example he set as a Muslimreligious leader. As a religious leader he was a force for moderation,

tolerance, and Muslim unity and he always sought to raise the religiousconsciousness of ordinary Muslims. As a scholar he demystified theIslamic disciplines of fiqh and tafsīr to make them accessible to layMuslims.



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Introduction

H. A. Hellyer

in Muslims of Europe The ‘Other’ Europeans

Published in print: 2009 Published Online:

September 2012ISBN: 9780748639472 eISBN: 9780748671342Item type: chapter

Publisher: Edinburgh University Press

DOI: 10.3366/edinburgh/9780748639472.003.0001

This book provides the most comprehensive and reliable pictureof Muslims in Europe. It deals with the issues of Islam and Muslimshistorically as well as in contemporary Europe. Part 1 discusses thephilosophical concerns that define the norms both of European policiesand of Muslim dynamics with regards to pluralism in this context, takinga broad, general overview of the different frameworks. It examinesreligious diversity and multiculturalism, as well as Muslims as minorities

in fiqh. Part 2 focuses on contemporary European Union law on religiousminorities, which offers a purely European perspective on Europe'sMuslim communities. It looks at religious discrimination against Muslimsand fiqh in modern Europe. Part 3 includes a case study of Muslims in theUnited Kingdom.

Without Political Prerogative: Muslims as Minorities in Fiqh

H. A. Hellyer

in Muslims of Europe The ‘Other’ EuropeansPublished in print: 2009 Published Online:September 2012ISBN: 9780748639472 eISBN: 9780748671342Item type: chapter

Publisher: Edinburgh University PressDOI: 10.3366/edinburgh/9780748639472.003.0003

Muslims are defined as Muslims in their sacred law by saying theshahādah. Without this law, the Muslim's commitment and ability topractise Islam is incomplete and unbalanced. The idea of using fiqh(formulations of sacred law) to elaborate upon the position of Muslimsliving in the European Union (EU), or in individual European societies,

may be a rather novel one in contemporary academic studies, but thereappear to be several reasons for considering it, including the fact thatthe phenomenon of a large Muslim population in the EU is unfamiliar. This chapter focuses on Muslims as minorities in fiqh. It first examinessharī'ah and fiqh and then discusses the schools of law practised withinthe EU Muslim community, classical juristic discourse on Muslims withoutpolitical sovereignty, and classical positions of some jurists on key issues.It also looks at hijrah as a principle, differing interpretations on thefreedom of worship, the application of fiqh in non-Muslim lands, authority



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over Muslims living without sovereignty and the concept of wilāyatal-'ulamā, and post-medieval Muslim reformist movements.

Fiqh in Modern Europe: ‘Minority Fiqh’

H. A. Hellyer


Published in print: 2009 Published Online:September 2012ISBN: 9780748639472 eISBN: 9780748671342Item type: chapter

Publisher: Edinburgh University PressDOI: 10.3366/edinburgh/9780748639472.003.0004

The status of Muslim minorities living in the West has become the subjectof much controversy recently. Issues of loyalty and treachery havedominated the political scene, while the media constantly questions if Muslim compliance to the shari'ah prevents their allegiance to the nationstate. So how does the shari'ah apply to Muslims living as minoritiesin non-Muslim countries? This question gained increasing importance,perhaps due to the demographic growth of the Muslim populationin Europe. However, the underlying reality is more complex. A largeproportion of the Muslim population in the European Union is madeup of immigrants or descendants of immigrants. In practice, Muslimimmigrants are often similar to non-Muslim immigrants, moving fromplace to place for mundane and worldly concerns rather than spiritualones, and, as a result, the queries above surrounding religion are notalways applicable. This chapter discusses fiqh in contemporary Europe,examines secularism and the European context, and considers modernperspectives on classical fiqh.

Muslims in the United Kingdom

H. A. Hellyer


Published in print: 2009 Published Online:September 2012

ISBN: 9780748639472 eISBN: 9780748671342Item type: chapter

Publisher: Edinburgh University PressDOI: 10.3366/

edinburgh/9780748639472.003.0007

The United Kingdom has a long history of interaction with Muslimsand is home to a large Muslim population. While the largest and mostnoticeable presence of Muslims rose in the UK in the aftermath of the breakup of the British Empire, the history of the relationship goesback much further. Muslim history in the UK or among Britons can bedivided into five phases: early Muslim general history until the end of thefifteenth century; sixteenth century to the end of the eighteenth century;



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nineteenth century to World War I; early twentieth century; and mid-twentieth century to the turn of the twenty-first century and the ‘War on Terror’. This chapter focuses on Muslims in the UK, with Muslim sailors asthe early British Muslims in Cardiff and Liverpool. It also considers Muslimlobby groups in the UK, the debate over ‘church-state’ relations and thepast and present legal status of Muslims in the UK. Moreover, the chapter

considers blasphemy, demands for fiqh incorporation into state law andlegal reforms.

Conclusions

H. A. Hellyer


Published in print: 2009 Published Online:September 2012

ISBN: 9780748639472 eISBN: 9780748671342Item type: chapter

Publisher: Edinburgh University PressDOI: 10.3366/

edinburgh/9780748639472.003.0008

The development of European civilisation and, consequently, Europeanidentity, is impossible to imagine without Islam and Muslims. A Muslimadhering to sharī'ah, or an Orthodox Jew making halakah his criterionof behaviour, can exit the religious community simply by disavowingits code. The choice of community, however, is not only dependenton its own idea of itself, but on the options made available to it bythe mainstream. European identity has been challenged on severalfundamental levels in the past fifty years and, as yet, the ambiguity hasnot been clarified. As history teaches, it is far easier to concentrate onan external ‘Other’, imagined or not, instead of dealing with internalproblems; but the problems nonetheless remain. The one consensus maynow be that multiculturalism (if not always by name, then by meaning) isthe norm; but, as yet, it is a norm limited by contested boundaries. Thischapter examines fiqh and the Muslim community's ability to integrate,along with history, representation and Islamophobia.

Consequences

John C. Wilkinson

in Ibâḍism: Origins and Early Development in Oman

Published in print: 2010 Published Online: January 2011ISBN: 9780199588268 eISBN: 9780191595400Item type: chapter


This chapter considers the changes resulting from these events asthey affected Ibâḍi theory concerning types of Imam, the principle of



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one Imam in a misr, permitted behaviour towards occupying powers,and what is permitted in warfare against the jabâbira and ahl al–baghi(tyrants and renegades). It continues with a survey of the evolution of Ibâḍi fiqh during this period, the concern with recovering and recordingpast records (taqyîd) into hifz and jawâmi', culminating in works likethe Musannaf and Bayân al–Shar', and with it abandonment of the

old peculiarly Ibâḍi form of siyar literature. In the process, Ibâḍismopened itself to developments elsewhere in the Islamic world, notablySunni norms: analysis of Omani, Maghribi, and Hadrami contemporaryliterature shows how hadîth were absorbed into the âthâr of thecommunity but without the accompanying isnâd scholarship. The keyfigures of the period as well as their literature are surveyed. The chapterconcludes with a preliminary discussion of the last main figure of the5/11th century, al–'Awtabi.

ibâḍism, origins and early development in oman - john wilkinson

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