The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.

org Some Notes on Arabic Terminology as a Link Between Tariq Ramadan and Sheikh Dr. Taha Jabir al-Alwani, Founder of the Doctrine of "Muslim Minority Jurisprudence" (Fiqh al-Aqaliyyat al-Muslimah) By SHAMMAI FISHMAN* Introduction Dr. Tariq Ramadan is famous for being the grandson of Hasan al-Banna, founder of the Muslim Brotherhood in Egypt in 1928. A week after his recent statements to the French press against the "Jewish intellectuals" he attained extraordinarily wide media exposure from the New York Times1, to Israeli daily Maariv.2 His family tree added to the mystery of this forty one year old Islamic thinker and lecturer, based in Geneva and Fribourg, Switzerland. These statements were a cause of great interest and amazement for Prof. Emmanuel Sivan of the Hebrew University of Jerusalem, who has been monitoring Ramadan's activity for many years. Sivan recommends reading Ramadan in Arabic before reading him in any other language, due to the possibility of double messages. Antoine Sfeir, director of Cahiers de lOrient, also makes this point. Even Tariq Ramadan himself is aware of the criticism of this matter.3 The purpose of this paper is to present similar use of Arabic terminology in the emergence of one major trend in contemporary Islamic thought. This is done by comparing the Arabic terminology of Dr. Ramadan in two of his recent interviews with "Islam Online" against the terms that were coined and are used by the American Sheikh and scholar Dr. Taha Jabir alAlwani in his doctrine of Muslim Minority Jurisprudence. The paper also presents al-Alwani, who can be viewed as father of the Islamic Minority Legal institutions and the philosophical theories that operate them. He subsequently presents terms and concepts, which are similar to those of Ramadan's. Consequently, this article may contribute to a better understanding of Ramadan's thought, while emphasizing the ideological terminology link between the thinkers of the "two spheres" (al-Biatain) of Western Islam Europe and America. In an interview to "Islam Online" on September 10, 2003, Tariq Ramadan calls for a revolution in the Islamic perception of its own principles, namely a revolution within Islamic thought. This call is addressed to the leaders of the Muslim communities around the world. His main call is for the implementation of Shariah "in its wholesome perception and not in

Mr. Shammai Fishman is an M.A. candidate in the Department of Arabic language and literature at the Hebrew University of Jerusalem. He specializes in doctrinal developments among Islamic communities in the West. His M.A. thesis is on the subject of "Fiqh al-Aqaliyyat", and is written under the supervision of Prof. Isaac Hasson. Mr. Fishman can be reached in shammai1@yahoo.com 1 Elaine Sciolino, "A Muslim Scholar Raises Hackles in France", The New York Times, 16 November 2003. See on-line in: http://www.nytimes.com/2003/11/16/international/europe/16RAMA.html 2 Sefy Hendler, "Hodesh HaRamadan", Maariv Sof-Shavua (weekend supplement), 20 November 2003 (in Hebrew). See on-line in: http://images.maariv.co.il/cache/ART590616.html 3 Ibid. http://www.coran.free.fr/105/105n045.htm

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org the limited perception, which confines it to legal punishment (Hudud)".4 Ramadan mentioned his efforts in spreading the following idea:
I was in Singapore. Before that I visited Morocco. Lately I went on a trip to Indonesia and Malaysia, and in the last year I spent two months in America, in addition to my initial work in Europe, since our effort is to bring these meanings deeply into the Muslim communities. The message that should be brought is that there is a psychological war in which Muslims say that they are a minority, that they are deprived, and that they have to speak under cultural supervision. Some of them have come up with very precise Islamic terms, such as Shariah, wholesomeness of Islam and Fiqh."

The idea of wholesome FiqhJurisprudencein the sense that Tariq Ramadan mentions it, can be found in Sheikh al-Alwani's work as the basic foundation of his Muslim Minority Jurisprudence doctrine. When Ramadan mentions experts in new Islamic terminology, it is most likely al-Alawani who he is referring to. It should be noted that Ramadan and alAlwani are both registered as guest scholars at ALIM - the American Learning Institute for Muslims on 2527 Hogan Way, Canton, Maryland.5 The Legacy of Sheikh al-Alwani Sheikh Dr. Taha Jabir Fayyad al-Alwani was born in Iraq in 1935, and emigrated to the United States around 1985. He is a descendant of a well-respected Sunni clan in Iraq. A man bearing the same name, Taha Badawi Hamid al-Alwani is the mayor of the Iraqi city of alFalujah. After serving as Lecturer of Islamic Studies in the Military Academy of Baghdad between 1963-1969, al-Alwani left Iraq.6 Later on in his career, al-Alwani supervised the program for training U.S. Army Muslim chaplains when he was President of the Graduate School of Islamic and Social Sciences (GSISS) in Leesburg, Virginia.7 In 1973 al-Alwani received his Ph.D. in Usul al-Fiqh (Principles of Jurisprudence). Between 1976-1984, he was a professor of Usul al-Fiqh at Imam Muhammad Ibn Sa'ud University in Riyadh, a well-known Wahhabi stronghold.8 The major turning point in his career was his emigration to the United States, after which he became a key figure for the Islamic Minorities. Being an original thinker and a practical religious leader he came up with the idea of founding "identity institutions" which were to be run by and for the members of the minorities, without direct intervention from the Arab or Muslim states. Al-Alwani is a founding member and President of The International Institute of Islamic Thought in Herndon, Virginia, and in 1996 he founded GSISS. Special attention should be given to his activity as an Islamic legal authority. In 1988 he founded the Fiqh Council of North America, and in 1997 he participated in the founding of the European Council for Fatwa and Research, headed by the well-known Sheikh Dr. Yousef al-Qaradawi from Qatar. These two councils, and the Islamic Fiqh Academy in India, are connected to the Organization of Islamic Conferences through the International Fiqh Academy, based in Jeddah.
4 5

http://www.islamonline.net/Arabic/Daawa/2003/09/article05.shtml www.alimprogram.com 6 http://www.weforum.org/site/knowledgenavigator.nsf/Content/Alalwani%20Taha%20Jabir 7 In September 2003, a Muslim chaplain in Guantanamo was suspected of spying for Al-Qaeda detainees. AlAlwani denied any link to him. www.asharqalawsat.com 26 Sep 2003. 8 http://www.weforum.org/site/knowledgenavigator.nsf/Content/Alalwani%20Taha%20Jabir

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org

In an essay in the London-based Saudi paper Al-Sharq al-Awsat entitled "Settling-down of Islam after the Settlement of Muslims in the West" (Tawtin al-Islam ba'ad Istitan alMuslimin fi al-Gharb), al-Alwani explained how he received the blessing of Saudi King Fahd before undertaking his Islamic mission to the Muslim minorities of the west:
"The Islamic presence in the West has become a factual reality. It is the obligation of the Nation towards the Muslim minorities that they be helped in their major issues, and to take part in their means, without sinking into their regional disputes and problems or leaning towards polarized camps within them. It is the obligation of the minorities towards the nation to have a high level of cultural depth, and to help it build its "identity institutions", such as mosques, schools and centers for Arabic language teaching, and to make the teaching of the Arabic language easier for non-native speakers. This should be done through institutions built by the minorities themselves and supervised by them alone. Because if this is not the case, sensitivities might be created within or from the neighbors of the minorities who will then keep a distance from them, or they may receive support from foreign bodies as well. If it could not be taken in the past, perhaps it could be taken in the future. I remember when I had the honor of meeting the Servant of the Two Holy Places, King Fahd bin 'Abd al-Aziz Aal Sa'ud, may God protect him, many years ago. When I explained to him, and to those who were with me, what we are doing, he got extremely happy and said: 'I command you to continue with these blessed efforts and to double them. I also command you not to let the disputes between the Arab and Muslim states and governments distract you from your goal. Benefit from everyone you can, and do not lean towards any one, including the Kingdom.' This was a golden piece of advice. It will be better if the Arab and Islamic states hold on to this principle in their dealing with the minorities, and it will be better for the leaders of the minorities to be aware of this. The profit in the settling-down of the religious call (Tawtin al-Da'wah) will be enormous. There can be no speculation of it for the sake of fickle propaganda. May what we mentioned help the brethren, who are presenting their message, in their persuading for the settling-down of the religious call, as a worldwide service to Islam, and the finality of the appearance of The Religion, and to protect the Islamic presence from deviating. The building of 'Minority Jurisprudence' shall answer an urgent necessity and an immediate need. It is not a luxury of 9 thought as some mentioned in some letters."

Traditionally, the entire Muslim legal system is based on the Muslims being a ruling majority. Creating a jurisprudence doctrine for Muslims who are a minority is a complex challenge to begin with. Many Muslims have written theoretical works on the subject of the minorities, many have started institutions. The uniqueness of al-Alwani's enterprise was in mastering both fields. He did not only initiate these legal institutions, but he created "Muslim Minority Jurisprudence" as a theoretical doctrine upon which these bodies will base their actions and form their legal opinions. Terminology Link: Wholesome Fiqh in Theory and Practice This article deals with six different technical and philosophical Islamic terms, which Tariq Ramadan uses, while giving them a meaning close or identical to their meaning in alAlwani's Muslim Minority Jurisprudence. The terms to be discussed are: Fiqh

http://www.alhramain.com/text/alraseed/958/qazaya/2.htm Originally from "Al-Sharq al-Awsat", 18 January 2000.

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org (Jurisprudence), Aqalliyyat (Minorities), Shahadah (which has more than one meaning), Wasatiyyah (Mainstream), Dar al-Islam (Land of Islam), and Watan (Homeland). In his interview Ramadan referred to the idea of wholesome Fiqh, which he preaches to be spread around the world. When al-Alwani developed his 'Minority Jurisprudence' doctrine, defining the term Fiqh in a broad way was essential. Al-Alwani chose to open his monumental manifest in Arabic, entitled "Foundational Views in Muslim Minority Jurisprudence" (Nazarat Ta'asisiyyah fi Fiqh al-Aqaliyyat, "Islam On Line", 2001)10, with an explanation that Fiqh was originally perceived in Islam in a wholesome way: The word 'Fiqh', in the meaning that it is known as a term today, was not common during the first period of our Nation (Ummah)." The term Ummah, commonly translated as nation, is used by Islamists to refer to a body including all the Muslims wherever they may be, and hence differs from the modern definition of nation. According to al-Alwani, in order for Muslim minorities to deal with the issues caused by intense growth of population outside the historical boundaries of Islam, the broad meaning of Fiqh must be used:
"We cannot include Fiqh al-Aqaliyyat in the meaning of Fiqh as it is now commonly understood: namely, applied branches of Fiqh (Fiqh al-Furu'). It is more appropriate to include it under Fiqh in the general sense, which includes all aspects of law in thought and practice. In the meaning that the Prophet, God's Blessing and Praise upon him, said: 'for He whom Allah wishes good, He will cause 11 him to understand ('to Fiqh') The Religion'. From this comes the necessity to link this Fiqh and the greater Fiqh, putting the applied branches in the framework of everything, and to bridge the Fiqh or legal gap. This means that Fiqh al-Aqaliyyat is a Fiqh of quality, which facilitates the link between Sharia law and the conditions of the group and the place where it lives. Therefore, this is the Fiqh of a group confined to special conditions that is permitted to do what others are not permitted. Its discourse requires mastering some disciplines of social studies, especially sociology, economics, political science and international relations."

Prof. Muhammad Bushari, President of the National Federation of Muslims in France (of Moroccan origin), used the term Fiqh al-Muwatanah (Fiqh of Residency) to define these general aspects of Fiqh al-Aqaliyyat. While referring to a discussion that he attended on the matter, he says:
"We brought up many questions which are related to us as Muslim residents: Where is the Bay'ah (Pledge of allegiance to the sovereign)? Are we obligated to enroll into military service? Is military service mandatory, and if France declares war on a Muslim state, what will be our position? And as 12 far as the elections, for whom should we vote?"

These two matters, military enrollment and election, are both major topics on the agenda of al-Alwani. In a recent PRISM Occasional Paper, Reuven Paz mentioned the last rulings of Dr. Taha Jaber al-Alwani and his colleague Dr. Muzammil Siddiqi, on the matter:13

10 11

http://www.islamonline.net/arabic/contemporary/politic/2001/article1.shtml Muslim tradition (Hadith): Bukhari, Kitab al-`Ilm. 12 http://www.muslimworldleague.org/paper/1767/articles/page3.htm 13 http://www.e-prism.org/images/PRISM_no_9.doc

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org
"Dr. Siddiqi, former president of the Islamic Society of North America (ISNA), was answering a 14 question about the participation of Muslims in local elections across the United States. Dr. alAlwani, President of the Graduate School of Islamic and Social Sciences and President of the American Fiqh Council, widened the spectrum of this question to the participation of Muslims in the 15 American political system at large. Both of these American Islamic scholars support the participation of Muslims in all fields of American political life, and thus simultaneously pave the way for Muslim candidates to nominate themselves to various elected posts."

Al-Alwani is also deeply involved in matters concerning Muslims who serve in the United States Armed Forces. During the first month after the September 11 terrorist attacks, alAlwani received a question from Capt. Abd al-Rashid Muhammad, a Muslim military chaplain stationed in Walter Reed Army Medical Center in Washington, asking if Muslim soldiers could fight in Afghanistan. An account of the events exists in a MEMRI report.16 Al-Alwani's mild actions are worthy of being studied in light of his doctrine. The first thing Al-Alwani did was to forward the question to a special committee headed by Sheikh Dr. Yousef al-Qaradawi. Al-Qaradawi's committee gave a ruling allowing the Muslim soldiers "to be united against all those who terrorize the innocent," and on this basis al-Alwani issued a similar ruling for the Muslim troops. The twist in the story happened two weeks later, when in a Friday sermon al-Qaradawi denounced his first ruling.17 What did al-Alwani gain for the Muslim minorities by this controversial move? The answer lies in the question. Almost without noticing, al-Alwani created a factual situation wherein the orders of Muslim soldiers in the U.S. Army are open to question and negotiation. The idea that Muslims who serve in the U.S. army should do it with the consent of foreign Muslim scholars, and according to their conditions, was put on the table. Al-Alwani, through his actions, introduced the reality that the United States Federal Government should no longer automatically take the loyalty of Muslims to the U.S. Army for granted. This should be considered as a great victory for the doctrine of Muslim Minority Jurisprudence, especially since it was achieved without backfire from the Western media, in the way that Tariq Ramadan attracts it to himself. Comparing Tariq Ramadan's hasty statements, as Prof. Sivan views them, with those of Taha Jabir al-Alwani's moves in the case surrounding Muslim soldiers, show that al-Alwani, together with al-Qaradawi, are masters of the media. Sheikh Al-Qaradawi's European Council of Fatwa and Research had reached another achievement for Muslim Minority Jurisprudence by announcing the first day of Ramadan to all European Muslims.18 In the Muslim calendar the first day of Ramadan depends on the beginning of the lunar month, traditionally when the new moon is eye-spotted. In the Muslim countries in our times, this task is usually taken up by government offices for
14 15

http://islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=62236 http://islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=16542 16 MEMRI report in English (No. 75, 6 November 2001). See on-line in: http://www.memri.de/uebersetzungen_analysen/themen/usa_und_der_nahe_osten/us_american_muslim_06_11 _01.html 17 www.asharqalawsat.com 14 October 2001. 18 It should be noted that al-Qaradawi had published in 2001 a book in Arabic called: "[Studies] in Muslim Jurisprudence: the life of Muslims in the midst of other societies". This book can be viewed as legal codex for Western Islam.

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org religious affairs such as the ministry of religious affairs in Indonesia, or the Syrian chief Shar'i Qadi (Judge). Not all of the European Muslim minorities accepted this decision. The Council had decided that Ramadan would begin according to the spotting of the moon in Mecca, whereas the Turks in the Netherlands started Ramadan the day before, according to the calculations of the Turkish ministry of religious affairs. 19 According to the Saudi "Muslim World League" in Mecca, the European Council of Fatwa and Research is striving to become the exclusive authority of jurisprudence for the Muslims of Europe, creating a situation where all the Muslims of Europe follow its decisions only. 20 In this case, the council indeed tried to act as an official legal branch of a sovereign Muslim body. Terminology Link: The Minority that Views Itself as the Majority Minority Jurisprudence in Arabic is "Fiqh al-Aqalliyyat." As we just saw, the meaning of Fiqh (Jurisprudence) is discussed at great length, but so is the meaning of the term minority. A chapter called "The Biggest Questions of this Jurisprudence," provides a list of the different questions the jurisprudent might have to consider when studying a case of Minority Jurisprudence. One of them is: "What is the size of a minority that requires a legal parallel on the following various levels: human resource, culture, economics and politics?" In asking this question al-Alwani suggests that it is not only the number of people that determines which group is a minority. Tariq Ramadan phrases this idea in sharper words:
"Even though the Muslim Diaspora is a genuine minority in number, it is a majority by the principles for which it calls. I say with all frankness, the Muslims who live in Europe should know they have no 21 choice but to understand that they are represented by the values they carry."

The idea of a small group (Fi'ah Qalilah) prevailing over the large group (Fi'ah Kathirah) is referred to in the Quran, in a verse about the war between Talut (Quranic King Saul) and Jalut (Quranic Goliath):
"And when Saul set out with the army, he said: Lo! Allah will try you by a river. Whosoever therefore drinketh thereof is he not of me, and whosoever tasteth it not he is of me, save him who takes in the hollow of his hand. But they drank thereof, all save a few of them. And after he had crossed, he and those who believed him, said: We have no power today against Goliath and his soldiers. But those who knew that they would meet the Lord exclaimed: How many a little company hath overcome a 22 large company by Allah's leave! Allah is with the steadfast. (Quran 2:249)."

Terminology link: The "Mainstreamer" and "Role Model" (Wasatiyyah and Shahadah) If you enter al-Qaradawi's personal web sitewww.qaradawi.netyou see on the top frame of every single web page, written in yellow over blue, the text of the Quranic verse 2:143:

19

www.islamonline.net/Arabic/news/2003-10/25/article15.shtml; www.islamonline.net/Arabic/news/2003-10/25/article17.shtml 20 http://www.muslimworldleague.org/paper/1786/articles/page4.htm 21 http://www.islamonline.net/Arabic/Daawa/2003/09/article05.shtml 22 English wording based on: Mohammed Marmduke Pickthall, "The Meaning of the Glorious Koran an Explanatory Translation", New York, 1953.

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org Thus we have appointed you a middle nation (Ummat Wasat), yet ye may be witnesses (Shuhada) against mankind and the messenger may be a witness (Shahid) against you."23 Both parts of this verse have an important role in the ideology and terminology of both Sheikh al-Alwani and Tariq Ramadan. Wasatiyyah The first part of the verse includes the term "Ummat Wasat" (middle nation), which was taken as the name of a major Islamic trend which evolved in Egypt during its receiving of the name "Wasatiyyah" (Mainstream) since 1991. Mentioning this stream is most important in the context of al-Alwani and Tariq Ramadan, because of the close relationship between these two scholars and Wasatiyyah circles and ideas, especially Sheikh al-Qaradawi, the most prominent member of Wasatiyyah today. Wasatiyyah has lately become the declared religious doctrine of the Servant of the Two Holy Places, King Fahd himself.24 The only comprehensive study on Wasatiyyah, to the best of our knowledge, is the doctoral dissertation of Dr. Sagi Polka entitled: "Between Liberalism and Fundamentalism: The Political Thought of Mainstream Islam ("Wasatiyyah") in Contemporary Egypt." Yet it will be true to say that the spirit of Wasatiyyah has already reached far beyond the boundaries of the Middle East. The Wasatiyyah presents itself as an independent and objective stream which bridges the gap between the liberals and the fundamentalists.25 According to Polka's findings, this trend "rests on the writings of Hasan al-Banna (19061949), the founder of the society of the Muslim Brotherhood, whose content has been adapted to the needs of modern age."26 The term "Shumuliyyat al-Islam" (the wholesomeness of Islam) used by Hasan al-Banna and the Brotherhood, was embraced by the Wasatiyyah, which views belief, society, politics, culture, and legislation as an integral part of religion.27 This is the very same idea held by Tariq Ramadan and al-Alwani under the words "wholesome jurisprudence". Polka's conclusions are as follows:
"The Wasatiyyah School is associated with the Islamic camp and represents its answer to the secular opposition. The Wasatiyyah is attempting to burn the candle at both ends, which is to preserve its Islamic beliefs, such as upholding the application of the Sharia and the sovereignty of Allah, Hakimiyyat Allah, but at the same time to appear liberal. In consequence, the Wasatiyyah often attempts to reach compromises regarding Islamic principles. The ensuing compromises often appear 28 as terminological hair splitting or even casuistry, divorced from any real change in position."

23 24

Ibid. Al-Riyadh Daily Newspaper, 14 December 2003, Text of Speech of King Fahd at the opening of the 17 th congress of the Islamic Jurisprudence Academy of Muslim World League. (www.fnsmiddleeast.com). 25 Sagi Polka, "Between Liberalism and Fundamentalism: The Political Thought of Mainstream Islam ("Wasatiyyah") in Contemporary Egypt", Doctoral thesis submitted to Bar Ilan University, Ramat Gan, Israel, July 2000 (Unpublished), p. 2-3. 26 Ibid, p. i. 27 Ibid, p. 7. 28 Ibid, p. ii.

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org Understanding the constant use of terminology is the first step in studying the Wasatiyyah. For Wasatiyyah members, theoretically, every word counts and every sentence is measured. If you are the leader of a fundamentalist organization your life is easy. The message you give to the West is the same message you give to your followers, using terms that are clear to all parties. On the other hand if you wish to live in the United States or in Europe "under cultural supervision," you need in fact "very precise Islamic terms." One example: close to the end of the interview Ramadan says "we are against violence, we are against terror," but just a few questions before that Ramadan hinted that he did not except Western sovereignty de jure and called for political Islam: "I, as a Western citizen, respect the Islamic values and am obligated to Western laws. I implement Sharia, but in wholesome understanding and not only in legal punishment." The idea of respecting the Islamic law while being obligated to state law relates to the concept of Hakimiyyat Allah, which is the Sunni answer to the Shiite term Vilayet-i-Faqih the rule of the religious scholars until the appearance of the hidden Imam. Hakimiyyat Allah views it necessary to implement the word of Allah (the Quran and the Tradition), as Allah is the source of sovereignty. Tariq Ramadan's statement proves that the rejection of manmade law (Qanun) is not limited to rejecting the law of the Arab Republic of Egypt. Shahadah According to the traditional exegesis for the second part of this Quranic verse, the word Shahid is interpreted literally in the meaning of "witness". 6th AH/12th AD century commentator al-Zamakhshari, explained how the nations will be witnesses for mankind, and the prophet will give testimony for the nations:
"On the day of resurrection the nations are going to deny that Prophets were ever sent to them. Then Allah will demand evidence from the prophets to prove that they indeed were sent and Allah is omniscient. The nation of Muhammad, Allah's blessing and peace upon him, will be brought in and will testify [that the prophets fulfilled th eir duty]. The nations will ask: From where do you know that? and they will reply: we know this from the word of Allah in his book through the mouth of his truthful prophet. Then Muhammad will be brought in and will be asked about his nation. He will e xonerate them and testify that they are good witnesses."29

Both al-Alwani and Tariq Ramadan chose to emphasize a contemporary interpretation,30 which interprets the word Shahid, literally meaning witness, as a "role model". Accordingly, the meaning of the verse should be: "Thus we have appointed you a middle nation (Ummat Wasat), yet ye may be role models (Shuhada) against mankind and the messenger may be a role model (Shahid) against you." In his "Foundational Views for Minority Jurisprudence," al-Alwani discusses the role of "the jurisprudent that is aware of Islam being worldwide, and its nation being a role model to mankind." Al-Alwani uses this verse with the meaning of "role modeling" when he gives his view of history. There it is understood as meaning leadership, calling on the Muslims to

29 30

According to Dar al-Fikr edition, Beirut, 1995. See for instance: www.al-islam.org/al-serat/Concept-Ezzati.htm

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org obtain leadership signifying that after the era of recession the Muslims will return to lead the world in all fields.31 At this point it should be noted that the Arabic word "Shahid" has one more meaning besides witness. The word "Shahid" also means martyr, and the infinitive form "Shahadah" can either mean testimony or martyrdom. One explanation that the word "Shahid" bears both meanings is that "God and his angels witness that that person is worthy of a place in heaven."32 As we noted, Tariq Ramadan, like al-Alwani, uses the word "Shahadah" in the context of Quran 2:143. Ramadan uses the concept in the place of double meaning; something that alAlwani would probably not do with such an explosive term:33
"The old approach which divided the world into 'us', which we called 'Dar al-Islam' (Land of Islam), 34 facing 'them', which we called 'Dar al-Harb' (Land of War) or 'Dar al-'Ahd' (Land of the Covenant), should be reconsidered in the light of the examination of each of these terms and the meaning of its context, and to what extent its meaning takes place in the current reality. Tariq Ramadan offers a new term, instead of those terms, and that is Dar al-Shahadah, meaning to be a role model (Shahadah) of the Islamic message before mankind."

In simple Arabic, if used by itself without this learned introduction, the term Dar alShahadah could also be translated as "Land of Martyrdom." If a speaker were to say a sentence like "Europe is Dar al-Shahadah" in front of an Arabic speaking audience, it is pretty clear which of the understandings is the simpler one. In any case, the idea of breaking the term "Dar al-Harb," omitting the Harb, and adding other endings is an interesting development in Islamic terminology. Terminology Link: the Land of Islam and the Homeland (Dar al-Islam and Watan) The classical terms for the non-Muslim lands, such as Dar al-Harb (Land of War), or Dar alKufr (Land of Infidelity), are not used by al-Wasatiyyah circles. For these purposes, terms such as Dar al-Shahadah (as used by Ramadan), or Dar al-Wa'ad (Land of Promise, used by Muhammad Bushari), were created.35 Al-Qaradawi used the term Wa'ad (without Dar) while mentioning a divine promise that Islam will eventually reach victory over all religions. To this he added that the Prophet announced that the city of Rome "in Italy" shall be conquered by the Muslims after the city Constantinople.36
31

See Al-Alwani's book in Arabic called "Reform of Islamic Thought between potentialities and obstacles: Work paper", Herndon, Virginia, International Institution for Islamic Thought p. 49, and al-Sharq al-Awsat 23 November 2001. The concept of a witness being a leader or role model, can be found in the bible, Isaiah 55:4, in a prophecy about the King from the House of David: "Behold I made him a witness ('Ed) to the nations, a leader and commander of the nations" or "ensign to the nation" as in Handel's "The Messiah". 32 Kohlberg, Eitan. "Martyrdom and Self-Sacrifice in Classical Islam", Pe'amim 75/Spring 1998 (Ben Zvi institute for the study of Jewish Communities in the East, in Hebrew), p, 5. 33 In Arabic on "Islam on Line" (8 August 2003): http://www.islamonline.net/arabic/famous/2003/08/article01.SHTML 34 Dar al-'Ahd "Was considered as a temporary and often intermediate territory between Dar al-Islam and Dar al-Harb", Encyclopedia of Islam Second edition, Dar al-'Ahd (Halil Inalcik). 35 http://www.muslimworldleague.org/paper/1767/articles/page3.htm 36 http://www.islamonline.net/fatwa/arabic/FatwaDisplay.asp?hFatwaID=2042. See MEMRI Special Dispatch Series - No. 447 (http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP44702).

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org

Nevertheless, the refraining from the use of the term Dar al-Harb is not only due to the obvious connotation traditionally, but also due to the belief that there is no such thing as "non-Muslim lands" de jure. At this point there is a difference between al-Alwani's English writings and those in Arabic. The following is an example of al-Alwani's English writing on the subject of Dar al-Islam:
"We should not prescribe to classifications such as 'Dar al-Islam' and 'Dar al-Harb.' There is no Qur'anic substantiation for these concepts. They are inapplicable to international relations in modern 37 times."

Thus in al-Alwani's Arabic works the term Dar al-Islam is still useful and applicable, and he tries to link it to the Quran. In a chapter called "Towards Principles for Minority Jurisprudence" (Nahwa Usul Li-Fiqh al-Aqaliyyat) he lists his definition in a clear way:
"To be committed to the Quranic geographic concept: The earth belongs to Allah, and Islam is His religion. Every place is 'Dar al-Islam', either actively in the current reality, or 'Dar al-Islam' of potential for the future to come. Humanity in its entirely is 'the Nation of Islam', either being 'a Nation of faith (Millah)' by embracing this religion, or 'a Nation of the religious call (Da'wah)' of which we are 38 committed to approach so that it will arrive."

Viewing Dar al-Islam in the wholesome meaning, al-Alwani generally uses the term "The Islamic Historical and Geographical area," when he wants to refer to the areas traditionally known as Dar al-Islam. One exception should be noted - after meeting with a group of American Hispanic Muslim converts in November 2001, al-Alwani wrote the following impressions in Arabic:
"Had our forefathers there (in Muslim Spain) been able to see truth and follow it, and recognize what is false as false and stay away from it, and understand the task of the Muslim in the world of its true merits, the Islamic presence in al-Andalus (Muslim Spain) would remain until today. Who could know? Perhaps some of them would have been the ones who discovered America, not someone else, and America could have possibly been today among the lands of the Muslims (Diyar al39 Muslimin, or dwellings of the Muslims)."

According to the old-fashioned meaning, America could have been Land of Islam, though currently this is not the situation. But, when the same term is used in its new meaning, as in the context of Muslim Minority Jurisprudence doctrine, America can be regarded as Land of Islam, in the eyes of the Muslims:
"The council (North America Fiqh Council) will work to direct the Muslims to the approach, wherein the identity of the American Muslim is to be loyal to his homeland (Watan), America, due to his obligations towards it as a citizen, because the homeland for the Muslim is considered Dar al-Islam 40 (Land of Islam) for him, as long as he is able to do his religious rituals inside it."

37 38

http://www.islam-online.net/English/politics/2000/1/article7.shtml http://www.islamonline.net/arabic/contemporary/politic/2001/article1.shtml here in should be mentioned that the term Dar al-Da`wah instead of Dar al-Harb is also in use. 39 Al-Sharq al-Awsat, 23 November 2001. 40 Al-Sharq al-Awsat, 21 July 2002.

10

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org This apparent contradiction in Al-Alwani's use of terminology cannot be a result of a mistake. Al-Alwani has already proven himself to be a systematic thinker. Explaining this contradiction is a delicate task because the explanation could point to great dangers or great promises. Consequently the question is -- should we view this contradiction in terminology as part of a plan to strengthen Islamic sovereignty in the West? Or perhaps this is a new allegoric and spiritual interpretation which may cancel the old dichotomy between Dar al-Harb and Dar al-Islam, and open the path for a normal relationship between the Muslim individuals or institutions and the Western states? The concept of homeland exists also in Tariq Ramadan's thought when he says, "we view this place as our homeland."41 In general, the three letter Arabic root W.T.N. is vastly used in the new terminology: Watan is homeland, Tawtin is settling-down, Muwatanah is residency and Istitan is settlement. If Dar in classical Arabic means the dwellings of a tribe, Watan is the place of water and the plural Awtan means "wells", which were the center of activity within the Dar. In the bible, for example, Jacob met Rachel at the well.42 Awtan is as in the "al-Hanin Ila al-Awtan" literary genre, which classically means "longing for the wells of the tribe," and in a more recent meaning "longing for the homeland." Considering the way al-Alwani and Ramadan use the terms "Dar" and "W.T.N.", serious questions should be asked: To what extent do they recognize the sovereignty of the Western state de jure, or the right of any non-Muslim state to exist at all? This should be considered in the light of the ideology of the Muslim Brotherhood, which did not recognize the sovereignty of Muslim states like Egypt and Jordan because they are ruled by non-Islamic regimes, or because their regimes at a certain point were perceived as based on manmade law. Conclusion Comparing the terminology used by Tariq Ramadan with the terms of Taha Jabir al-Alwani brings up an apparent resemblance in word and in ideology. In the Islamic world, as a rule, ideas can be widespread in a way that is difficult to prove in that one thinker is directly influenced by another. In this case, added to the use of many of al-Alwani's terms with the same new meaning, Ramadan remarks that he learned from a master of terminology in the United States, aside from his being a guest scholar at ALIM - the American Learning Institute for Muslims. There is a reasonable probability that Tariq Ramadan did indeed consult al-Alwani, or at least read his works. This paper further suggests that any given Muslim thinker who presents the same definitions used by al-Alwani and Ramadan to terms such as Fiqh, Aqaliyyah, Shahadah, Dar al-Islam and Watan, most likely has the same political views regarding Muslim minorities. Sheikh Dr. Taha Jabir al-Alwani is a key founder of the doctrine of "Muslim Minority Jurisprudence (Fiqh al-Aqaliyyat)". A vast network of representative and religious legal organizations operates according to this doctrine. The main purpose of this doctrine is to provide jurists and leaders of Muslim minority communities with tools for giving rulings to their communities. The topics of legislation are not meant to include only matters of
41 42

http://www.islamonline.net/Arabic/Daawa/2003/09/article05.shtml I would like to thank Prof. Albert Arazi for this definition.

11

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org religious practice, due to the viewing of Shariah as inclusive of all aspects of life. Muslim Minority Jurisprudence focuses especially on questions of the nature of political identity, such as participating in elections and army service. In dealing with these political questions, Muslim Minority Jurisprudence is geared towards the Muslim community to gain a certain type of political power at the expense of the sovereign governments of the Western states. On the other hand, it is geared away from accepting life within the framework of western society as it is, or even the very existence of the states in which they live.43 The idea of Muslim Minority Jurisprudence should be counted as part of the Mainstream (Wasatiyyah) ideology. Mainstream ideological Islam presents itself as separate from radical Islam. Dr. Polka proves that this is true especially in the mild manner of expression and complicated use of terminology. In the statements of al-Alwani and Ramadan we have noticed a traditional term given new meaning (Fiqh), a term that has more than one meaning (Dar al-Shahadah), and a term that is used for the opposite meaning (Aqaliyyah). The method of using terminology as a link can only happen when the sources are read in Arabic, as Professor Sivan had mentioned. There is one noteworthy difference between al-Alwani's approach when compared to Ramadans. Al-Alwani, who lives in post September 11th North America, maintains a careful tone, especially in his statements in English. The spirit and terms used by Ramadan are somewhat more open to enthusiasm. Ramadan's, being the grandson of Hasan al-Banna, can explain this. On one hand he is compelled to go in the footsteps of his grandfather and continue his path. On the other hand he uses the romantic mysteriousness of his past to draw great attention from the Arab and Western media. This gives him the legitimacy to interpret the meaning of al-Banna's writings in new ways. Finally, Research of Islam in Europe is linked to the research of Muslims in North America, because the Islamists view Western Muslim minorities as two spheres of one unit. The terminology link between al-Alwani and Ramadan proves that an ideology, which was created in America, can be implemented in Europe. It represents the general social challenge of absorbing the Muslims in the West. This question can be noticed in a recent interview with Mohammed Sawalha, President of the Muslim association in Britain:
"There are also foreign elements which incite against the Muslim Diaspora in Europe. We heard how Sharon has lately incited against the Muslim Diaspora in Europe, and in his footsteps was the State Minister for Foreign Affairs here in Britain who spoke in a colonial spirit and told the Muslim Diaspora 44 of Britain to choose between living in the British style or supporting terrorism."

43

The issues regarding the methods of jurisprudence al-Alwani renewed are described in a forthcoming article by Shammai Fishman, titled "Ideological Islam in the United States: Ijtihad in the Thought of Dr. Taha Jabir al-Alwani, to be published in the next issue of Jamaa of Ben Gurion University in Beer Sheba (in Hebrew).
44

Interview with Mohammed Sawalha, President of the Muslim Association in Britain, al-Jazeera, 22:50 Pm (Gmt +2), Dec 03, 2003 (www.fnsmiddleeast.com).

12

The Project for the Research of Islamist Movements (PRISM) Herzliya, ISRAEL www.e-prism.org Perhaps the middle way between these two paths, of a European life style or terrorism, is Muslim Minority Jurisprudence doctrine. Acknowledgements The author wishes to acknowledge Prof. Isaac Hasson of the Arabic Language and Literature Department of the Hebrew University of Jerusalem, for his advice and direction. He also wishes to acknowledge Mr. Jacob Rosen, Dr. Sagi Polka, Mr. Tzemah Yoreh, Mr. Amnon Kaufman, "Jama'a" of Ben Gurion University and Federal News Service. Nevertheless the author assumes full responsibility. * Special thanks to the contribution of Mr. Assaf Moghadam to the editing of this paper for PRISM.

13