Throughout Islamic history, the multiple intellectual production of fatwâs by diverse muftis in different social contexts as response to the need of Muslims was an important factor in stimulating the development of the vast corpus of the Shar’ia. Fatwâs are a mine of information for historians in studying the social, economic and religious developments of Muslim societies.
The Seminar gives special attention to the contacts between Islam and the West, and between Muslims and non-Muslims in the West as reflected in the Fatwâ-Literature. In the Medieval period the muftis, for instance, have dealt with issues, such as the status of Muslims living under Christian rule in Spain. The colonial period also generated bulky collections of fatwâs on the relations between western colonial authorities and colonized Muslims. In more recent times, another noteworthy stream of fatwâs dealing with the life and the vicissitudes of Muslim minorities in the West is on the increase.
Phrases, such as ‘American Fiqh’ or ‘European Islam’ have been suggested to designate the position of Muslims within the European polity, but the new concepts, such as ‘Fiqh al-Aqalliyyât’ (Jurisprudence of Minorities) or fiqh al-Mughtaribîn (Jurisprudence of Emigrants) in Shiite sources, have become the most recent common term under which fatwâs related to the life of Muslim minorities are deliberated. One of the most prolific institution is the European Council for Fatwa and Research (ECFR), which was specifically established to respond to the urgent needs of minorities for religious guidelines in their non-Islamic environment (founded 1997).
The main objective of the course is to strengthen the knowledge of participants on the concept of Iftâ and its development by studying two various groups of materials. It deals, first of all, with the theoretical aspects and the historical development of the institution of iftâ over the Islamic history and the institutionalization of the concept in the modern time. Secondly, the discussions will be dedicated to discuss some practical examples of Muslim attitudes towards the West and the status of Muslims in Europe. Examples of fatwâs related to religious, social and political issues are selected for study. In the last three meetings participants in the course will give presentations of outlines for a paper on a specific relevant theme of iftâ. Evaluation will mainly depend on the student’s active participation in the class and the quality of submitted papers.
Onderwijsvorm
Students are expected to take active participation by carefully reading the given assignments (see below) and giving a brief presentation on the materials during the class. The student should make a critical analysis of the selected chapter or article in the light of at least one scientific work (book, chapter, article, etc.) cited by the author. The teacher’s task will be to give scientific supplements and detailed comments on the students’ presentations. The last three meetings will be devoted to discuss the outlines (with select bibliography) presented by each participant. The outline will be a guideline for a research paper of about 15 pages concerning a particular fatwâ dealing with some aspects of the relationship between Islam and the West.
The paper should contain the following points:
1. A brief discussion of the life of the author, and the historical event which elicited his composition of the fatwâ.
2a. If the selected fatwâ has not been published in a printed edition and exists only in manuscript form, one should produced a typed edition of it in its language together with a full and annotated translation or a detailed annotated summary in English.
2b. If the fatwâ has already been published in a printed edition, a full annotated translation or a detailed annotated summary in English should be provided.
3. The fatwa should be discussed in light of religious, cultural, and social (or political when found) context.
4. In order to place the fatwâ in a wider religious and historical perspective, it is also essential for this section to sketch other relevant Muslim discussions on the same issue, in both past and contemporary Muslim thought.
5. It is also required to utilize pertinent scientific literature, which will help in interpreting the importance of the fatwâ as estimated the support it enjoys among Muslims.
Toetsing
Presentation, endterm paper, participation in class
During the seminar students will have the opportunity to present an outline of their paper, which will be critically discussed by the teacher and other classmates. Outlines should include the following points (minimum):
1. Identification of the selected fatwâ, the reason why it is chosen, and a short outline of the author and the contents of the fatwâ.
2. Explaining the methodology used as regard to the edition of the Arabic edition, the annotated translation, or the annotated summary.
3. Sketch of the social and cultural background of the fatwa.
4. Identifying other religious views by other scholars on the same issue, and giving details of the works they expressed these views.
5. List of sources to be used in the study.
Literatuur
Khaled Abou El Fadl, ‘Islamic Law and Muslim Minorities: The Juristic Discourse on Muslim Minorities from the Second/Eighth to the Eleventh/Seventeenth centuries’, Islamic Law and Society, vol.1/2 (1994), pp. 141-187.
Khaled Abou El Fadl, “Striking a Balance: Islamic Legal Discourse on Muslim Minorities,” in Yvonne Haddad & John Esposito (eds.), Muslims on the Americanization Path, Atlanta, GA: Scholars Press, 1998). Reprinted Oxford: Oxford University Press (1999), pp. 47-63.
P. S. Van Koningsveld, “Between communalism and secularism: modern Sunnite discussions on male head-gear and coiffure” in Platvoet, J. & Van der Toorn, K. (eds.), Pluralism and Identity; studies in ritual behaviour. Series: Kippenberg, H.G. & Lawson, E.T. Studies in the History of Religions (Numen Book Series 67), 1994, Leiden: Brill, pp. 327-348.
Andrew F. March, “Sources of Moral Obligation to non-Muslims in the “Jurisprudence of Muslim Minroties (Fiqh al-Aqalliyat) Discourse”, Islamic Law and Society, vol. 16 (2009)
Toelating
This course is designed for the Master Islamic Theology and the Master Religious Studies. BA students and students from other faculties are also admitted.
Time table
See time table Master Religious Studies
Opmerkingen
Prospective students of the program are advised to contact Drs Umar Ryad, e-mail: u.ryad@hum.leidenuniv.nl.