Muslims living
in the West are constantly questioning themselves. Most do so to respond to their
internalized fear(s) that they are not properly following Shari’ah. Also, they fear cultural aspect of family relationships and tribal associations that keep them more focused on Shari'ah (fiqh) rather than their individual relationship with Allah. Their fear of "fiqh" is due to
the fear of the unknown, meaning they are not sure how to approach their
circumstances living in the West or among non-Muslim peoples. For most Muslims living in the West, their response is to take one of two extreme positions: (a) accept blindly the traditions (as Islam
is understood through their culture) and hold there are no new possibilities
for change; or (b) full assimilation into Western life while discarding any
formulation of guidelines based upon living one's life within the context of Shari’ah standards.
In order to bring
light to this topic for discussion, first we should define what is “fiqh” and how
it currently shapes and manages our personal and worldly affairs today. Fiqh means to “understand”, “comprehend” or
“have knowledge of” the Quran (Allah’s message), Sunnah (the authentic actions
of Prophet Mohammad), Ijma (consensus of Islamic scholarship), and Qiyas
(following underlying consistencies as previously established). In order to have such understanding or
comprehension, it is important to think on what is our knowledge of Shari’ah as
it is in reality today. Once we approach
our circumstances firmly grounded in certain “knowledge” we are empowered to
engage in finding reasonableness in our conclusions.
Areas in which we
need to have a clear and firm understanding of (1) what is in our hearts—our
belief in Allah, angels, scriptures, messengers, the last day, qadr (final
judgment), and the possible consequences for the Hereafter. (2) What is our relationship between
ourselves and our Creator, between one another as Muslims and non-Muslims, and
how we manage our interpersonal and societal relationships. Thus, fiqh is our knowledge of the human
rules and regulations on these matters—acts of worship and acts of human
interactions.
Time and Place
Quite often, when
speaking about reinterpreting our understanding of Islam through Ijtihad
methodologies, I am challenged by Muslims who believe no one can challenge
tradition, or that one has to have special knowledge in order to do so—often
they are not aware that I as well as others today do have the requisite
training to derive alternative views that do respond to our time and place
today. For these persons, they must
learn to understand that Shari’ah is not stagnant. Shari’ah is connected to our daily lives
today. We apply ourselves to meeting the
greater good or benefit from our actions by not overstepping Allah’s boundaries
without necessity. Based upon these
parameters, in order to meet our Shari’ah standards, we do not have to stick
only to the ancient ways of tradition—we can derive different ways for
different cultures as we move through different times. In essence, what this means is we should look
to the idea of a thing sought and find acceptance in the presence—no matter
what the language used, e.g., is acceptance done by oral statement, written
confirmation, a witnessing of a nod in agreement or movement of the head that
indicates the same thing, or responding to a question that an action indicates
an agreement to the terms, then we should recognize the validity of that person’s
acquiescence to the situation.
Of course, there
are Muslims who will directly accuse Muslims and non-Muslims alike: these acts
or actions causes “fitna nazila” without understanding this is not an
appropriate approach for addressing concerns in non-Islamic places. Some of the dangerous approaches is following
one of the two extremes rather than finding a middle ground that brings both
strengthening one’s faith and obtaining a good benefit for all concerned.
One approach that
does some harm to the Muslim psyche is Americanizing or Europeanizing Islam—for
some who are immigrants or first/second generations living in these
societies—they fear they will lose their identity as Muslims. In truth, since these civilizations are
fundamentally based upon monotheism of the People of the Book, there are
similar foundations from which our worship and legal standards are derived and
function. Not to pose a question to
answer a question, but it is important for those Muslims who are not
native-born Westerners to respond to the Western Muslims how do they maintain
their Muslim identity? In response to
both of these points of view, the answer lies in how expansive should Muslims
push the parameters of their Islamic faith in accommodating these variances for
the good benefit of the society in which we live?
The second
approach, of course, is blinding following traditions—direct application of old
views and ways for the new conditions and circumstances. This way of thinking is not beneficial and to
handle our affairs in this manner often do not handle today’s issues and can
cause further disruption by placing oneself outside the laws of non-Muslim
states and societies. What should be striven for is the highest form of justice and mercy.
Muslims who live
in the West face challenges of blindly following tradition—yet, there are many
traditions that are illegal within the context of many Western societies. For example, the standards of the Cairo
Declaration of Human Rights fall significantly short of the standards of the UN
Declaration of Human Rights, which means ignoring employment laws that support
gender equality in your company will not necessarily be exempted from
prosecution because of religious belief.
When UNDHR standards are the law, Muslims have a higher standard they
have to meet in order to stay within the law of that land. If they do not adhere to these standards,
they operate within the realm of criminality, and may have to face the punishment
for not adhering to these laws. Secular
laws do not take into consideration “an Islamic point of view” on the legality
of the actions taken by Muslims.
What is mandatory as it relates
to Shari’ah are foundational beliefs of Islam.
The Shahaddah, 5 daily prayers, fasting during Ramadan, giving Zakat (charity) and performing Hajj, and many
of the standards for marriage and divorce remain the same. Yet, when does majority rules end and
minority rights apply? To what extent do
Muslims remain blindly adhering to Shari’ah in non-Muslim societies?
When Muslims look to Shari’ah on
social mores and practices of non-Muslim societies, the issues of holidays and
national celebrations come into focus.
There are issues related to finances, e.g., using credit and paying
interest. As it relates to Inheritance,
in the West, there is only one wife and additional spouses do not have the same
rights as the first wife. Children
inherit equally. Do Muslims stick to al-irth (traditional distributions of
inheritance) or look at it as al-wasaya (legacy) and follow Western laws. Leadership, what does it mean and how should
Muslims vote in local, state and national elections, or if they should vote at
all? Should Muslims attempt to use only Shari’ah courts, if such a suggestion be considered, when in the West, having
one's day in court and using arbitration within administrative hearings are the
norm. Does going to court make a Muslim
a non-believer?
Though these are questions that
remain unanswered for most Muslims, but what Muslims can generally believe is, a
large portion of Shari’ah is immutable. However, as it relates to Muslim lives in the West, that does not mean some aspects of Shari’ah is not immune to reinterpretation.
Unless we come up with new responses, which means new possible answers
to be applied, Muslims should just as well take on an ascetic lifestyle, move
to the mountains, remain outside of society, close their minds and tune out the
world—these Muslims avoid fiqh al-waqi (fiqh of contemporary living)—they do
not want to live. This is a path to living in a fantasy or delusional world,
not thinking practically for the majority of Muslims in the West today. The world is what it is today and it will be
more so tomorrow. The world is
everywhere we are and that means in every corner of the world, and we as
Muslims cannot run away from it.
The way in which Muslims will
benefit as we move into the future is remaining faithful to worshiping Allah
and open our minds to (1) remain engaged with the society in which we live; (2)
remain engaged with civilization, generally and specifically; (3) do not recede
and retract by putting up barriers and hiding our heads in the sand; (4)
challenge the status quo, whether it is Muslims or non-Muslims—we are not
monolithic; (5) submit to the best of Allah’s law and scrutinize cultural
traditions that are based upon flimsy historic linkages to the ancient past;
and (6) know that Muslims can be dynamic and engage life, not retreating, weak,
cowardly, or mimicry by being ostrich-like, as this is not Islam in any way,
shape or form.
Finally, as Muslims living in non-Muslim
societies, Muslims who live in Muslim states will believe anyone who does not
strictly adhere to their traditions of their region will vehemently disagree
with our decisions. That is okay, for
many of them do not have solutions to offer you in the first place, and they
remain fixated on their experiences only.
Remember, solutions taken from Quran and authentic Sunnah that agree
with our fitra (natural state of being human beings of great diversity), we
will see that Islam agrees with commonsense and clear thinking. Following this path is neither bid’ah nor
fitnah.
Whether some Muslims here in the
West also disagree, some will never like what is adopted to make our lives
better and a benefit, and that’s their opinion and business. We cannot guide everyone on the face of the
earth. Therefore, we must move along our
own path and always base our faith in the worship of Allah, not the fuming of
disgruntled, fallible human beings.
