Christie S. Warren
The Constitution of Madinah, written by the Prophet after his flight from Mecca and arrival in Madinah (622
Since 2011 and in part due to events of the so-called Arab Spring, the topic of Islam and constitutions has been the subject of heightened interest. In recent years, a number of Muslim-majority countries, including Tunisia, Algeria, Libya, Egypt, Yemen, and Palestine, have embarked upon constitutional processes, and the relationship between Islam and the state has been debated in each of them. A variety of models has emerged over time; whereas in Saudi Arabia the Qur’an serves as the constitution itself, in Egypt Shari’ah is the principal source of legislation. Similarly, while the 2012 draft constitution of Libya states that Islam shall be the state religion and Islamic Shari’ah the main source of legislation, the constitution of Iraq provides that no law contradicting established provisions of Islam may be enacted. Language in the Afghan constitution is even more precise and states that Afghanistan is an Islamic republic, that no law shall contravene the tenets and provisions of Islam, and that in the absence of specific constitutional or legislative language governing the disposition of a case, courts shall implement principles of Hanafi jurisprudence.
In similar fashion, academic scholarship analyzing the relationship between Islam and constitutionalism has increased in scope and vibrancy in recent years. Historically, scholarship in this field tended to focus on issues relating to governance and administrative structures in Muslim-majority countries—not on normative constitutional principles. More recently, Islamic perspectives on constitutional norms have become the focus of significant scholarship. Some constitutional issues of recent academic interest include state sponsorship of a particular religion to the exclusion of others, freedom to practice Islam and other religions, and options for articulating the role of Shari’ah within constitutional frameworks, including the use of supremacy and repugnancy clauses, the role of Shari’ah as a source of legislation, “Shari’ah checks” to ensure that legislation does not contravene Islamic law, review by Shura Councils, and the role of the judicial branch in interpreting Islamic law. Additional constitutional issues impacted by defined relationships between Shari’ah and the state include human and women’s rights, protection of religious minorities; criminal law and hudud punishments; finance law and restrictions on charging interest; rights of freedom of association, expression, and expression; and provisions governing marriage, divorce and inheritance.
Lawrence A. Peskin
Encounters between Americans, Muslims, and Jews in North Africa played a foundational role in Americans’ early understanding of Islam and Judaism. At a time when the United States population had few Jews and virtually no free Muslims, North Africa was one of the places Americans were most likely to meet individuals from these groups.
Initially, American sailors and diplomats encountered North African Muslims and Jews as the result of frequent ship captures by Barbary corsairs beginning in the colonial period and culminating in the 1780s and 1790s. After 1815, the sailors and diplomats were joined by missionaries journeying to the Mediterranean region to convert Jews and Muslims as well as non-Protestant Christians.
These encounters prompted a good deal of literature published in the United States, including captivity narratives, novels, plays, histories, and missionary journals. These publications reinforced two dominant views of Islam. First, the early focus on Barbary corsairs capturing American “slaves” reinforced old notions of Islam as despotic and Muslims as “savages” similar to Native Americans. Missionary accounts prompted more thoughtful approaches to Muslim theology at the same time that they reinforced existing notions of Islam as a deceitful religion and revivified millenarian hopes that the declining Ottoman Empire foretold the Second Coming.
As a result of the captivity crises, Americans often had to deal with the area’s small but influential group of Jewish merchants in order to get terms and credit to free their countrymen. These fraught negotiations reinforced older European stereotypes of Jews as sharpers and Shylocks. As with Islam, the missionary period brought more thoughtful consideration of Jewish theology as Americans engaged in chiliastic hopes of bringing the Jews to Jerusalem.
After 1850 or so, Americans interested in Jews or Muslims looked less frequently to North Africa. Growing immigrant populations, first of Jews and then of Muslims, meant that Americans could encounter people of all three Abrahamic faiths at home. At the same time, missionary interests moved east, into the Holy Land, Syria, Turkey, and ultimately East Asia. Nevertheless, the early impact of North Africa on American thinking retained its influence, as is evident from President Barack Obama’s 2009 speech on American-Islamic relations delivered in Cairo.
Intellectual debates and sociopolitical changes in Arab societies have brought about new political outlooks and consciousness, and have resulted in profound political change and restructuring of state institutions. Reform efforts successfully introduced modern political institutions, but failed in effecting a broad and systematic transformation of political culture, as the latter continues to be guided by notions and practices rooted in the premodern models of authoritarian (“sultanic”) governance. The drive to political reform under the rubric of Tanzimat started around the turn of the 19th century as a matter of necessity by both Ottoman rulers (sultans), and their governors in Egypt and Tunisia, in response to European imperial expansion into Africa and Asia. By mid-20th century, political institutions and state bureaucracies were restructured in the mold of modern political ideas. Yet these ideas, and the ethical foundations on which they stood, failed to mature in post-Ottoman Muslim societies. Conservative forces resisted the new ideas. With the increased disenchantment of Muslim youth with postcolonial states, conservative thinkers reintroduced Islamic notions and values into the debate over the proper form of government in contemporary Muslim societies. The push to modernize society has been intense, empowering Muslim modernists to move ahead to reshape societal institutions. The zeal to bring about quick development effected indeed rapid modernization but led to the rise of autocratic governments, and further polarized Muslims societies. Notions of popular sovereignty and equal citizenship were countered by the sovereignty of Shari`ah and the need for religious differentiation and religious autonomy, thereby demanding the revival of the historical institutions of caliphate and dhimmis. The debate gradually moved toward compromise, whereby Muslim intellectuals and scholars attempted a creative synthesis on the common ground found in both traditional Islam and modern democratic liberal ideas. The transformation into a model that aligns Islamic values with the principles of democracy (or shura) and equal rights of citizens, while profound and increasingly broad, is still incomplete, as current struggles in Muslim societies demonstrate; intellectual and practical battles for the soul of Muslim societies continue to rage. The push back in the last two decades against modern notions of state and citizenship, and the rise in popularity of groups that aim at reviving the premodern institution of caliphate underscore the debate between old and modern notions of political organization and allegiance, and require deeper understanding of the nature of the tensions between premodern and contemporary political ideas and institutions.
One of the world’s most endangered religious minorities, the Yazidis are a predominantly Kurdish-speaking group numbering some 500,000 souls, who once inhabited a wide area stretching across eastern Turkey, northern Syria, northern Iraq, and western Iran. Of these territories, only the community in Iraq still numbers in the hundreds of thousands. Most come from two areas: Sheikhan, a collection of villages and towns to the northeast of Mosul, and Sinjar, a mountain to the northwest close to the border with Syria. Until recently these areas seemed stable; however, in August 2014, the so-called Islamic State (Da‘esh) attacked the ancient community of Yazidis of Mount Sinjar, massacring hundreds of men, enslaving thousands of women and children, and driving the population of some 350,000 Yazidis into camps for internally displaced persons in the Kurdistan region. They are targeted because of their non-Abrahamic religion; for many years they have been erroneously known as “devil-worshippers.” In fact, their belief system incorporates visible elements from the three “religions of the Book” (Judaism, Christianity, and Islam) and traces of lesser-known religions, upon a substratum that may derive from Iranian religions (Zoroastrianism or similar). It is not a proselytizing faith, and religious relationships within the community are determined by birth. Marrying out is traditionally forbidden.
Yazidis are relative newcomers to urban life and are often socially, economically, and educationally disadvantaged. Internal pressures, especially from the youth, to “modernize” the religion have existed at least since the 1990s. However, the main drive toward change comes now from the Yazidis’ loss of confidence in their safety in Iraq and their consequent migration toward Europe and the stresses of diaspora life. At the same time, an increasingly activist younger generation is demanding justice. The future of Yazidism is unclear, but it will certainly never be the same again.
Adam S. Francisco
The geographical extension of Islam into Christian lands generated a wide variety of responses and a tremendous amount of consternation amidst its subject and neighboring populations. This was the case in the early centuries of Islam as well as the age of Ottoman expansion into Europe at the time of the Protestant reformation. Just as the conflict between Martin Luther and the papacy was beginning, the issue of how Europe should respond to the military campaigns of the Turks in Hungary became increasingly paramount. Luther was initially aloof to the matter. But the farther the Turks moved up the Danube River basin toward Vienna, and the more he heard about the pope clamoring for a crusade and German preachers expressing ambivalence toward and sometimes preference for the Turk, the more he was pressed to address the issue of war with the Ottomans. Unsurprisingly, given his view of the secular realm, he came out strongly in favor of war, for in his mind it was just. He continued to support every preparation for it so long as it was not construed as a crusade. He also believed that physical warfare was not enough. It had to be accompanied by the spiritual disciplines of prayer and repentance. About the time of the siege of Vienna, Luther also began to view the Turkish threat as an apocalyptic threat. He was convinced that the rise of the Turks was foretold in the eschatological prophecies in scripture, especially Daniel 7. He also believed that, while the Turks would be successful for a time, their days were numbered as the last days were soon approaching. Until then, Christians needed to be warned about the dangers of Islam. He had heard and read that many Christians who ended up in the Ottoman Empire eventually became Muslims. So he spent most of his energy in writing about and inquiring into the theology and culture of the Turks for the purpose of encouraging and equipping Christians to resist it. Some of his work was practical and pastoral. His later work was polemical and apologetical. Throughout it all, he remained committed to making as much information on Islam available as possible. This culminated in his involvement in the publication of a Latin translation of the Qur’ān in 1543, a work that was included in the first collection of texts relating to Islam to ever be printed.
Political Islam has generated two ideological strands that use religious ideology to advance their goals, namely, Islamism and jihadism. On the one hand, Islamists have formulated a political paradigm premised on Islamic teachings that are adaptable to the secular framework of the modern state and have, therefore, endured both as domestic and global political actors. On the other hand, jihadis have rejected positive law outright and advanced a global revolutionary paradigm against today’s secular world order. Key to jihadism’s appropriation of Islamic teachings is a quest for a legal code that provides jihadis with both an anti-establishment justification for their violence and a claim to legitimacy in the minds of Muslims whom they wish to enlist as their followers.
Salafism is a branch of Sunni Islam whose modern-day adherents claim to emulate “the pious predecessors” (al-salaf al-ṣāliḥ; often equated with the first three generations of Muslims) as closely and in as many spheres of life as possible. Different scholars of Islam throughout time have striven to emulate the early Muslim generations in the legal sphere, in theological matters, or in both. The ideas espoused by these scholars have more or less culminated in the Wahhabi movement that started on the Arabian Peninsula in the 18th century, which in turn helped spread a Salafi message to the rest of the Arab and Muslim worlds and even beyond. As such, the trend now referred to as Salafism came about, expressing itself ideologically in teachings that are meant to present the trend as exclusively and meticulously adhering to the example of the salaf, while rejecting all other sources of influence. Practically, Salafism can be divided into three branches: quietist Salafism, whose adherents shun political activism and concentrate on “cleansing” and teaching Islam in all its “purity”; political Salafism, which does concentrate on political commitment as an integral part of Islam through contentious debates, parliamentary participation, and founding political parties; and Jihadi-Salafism, whose followers seek to overthrow supposedly apostate regimes in the Muslim world through violent jihad. Although the term “Salafism” is heavily contested among Salafis—with adherents of one branch often not allowing the application of the label to be applied to the other branches—its various ideas and manifestations show that Salafism is quite a diverse phenomenon.
Hans G. Kippenberg
An instruction manual consisting of four sheets in Arabic was found with three of the four teams that performed the terror attacks on the United States on September 11, 2001. The writing conceived of the action as a raid (ghazwa), as we know it from early Islamic history. It instructed the teams how to perform the ghazwa correctly. Purifying their intentions by recitals, rituals, and bodily cleaning, they turn their attack into an act of worship. A part called the “second stage” anticipates the issue of assuring divine protection at the airport. Finally “a third stage” urges the teams to act in the plane according the practice of the Prophet and to achieve martyrdom.
To understand the manual and its framing of the violence, six dimensions will be analyzed: (1) Arguments for and against the authenticity of the document are discussed. (2) The attack happened in the wake of a declaration of war by the “World Islamic Front for the Jihad against Jews and Crusaders” in 1998, signed by Osama bin Laden and leaders of other jihadist groups. (3) The message spread across the Internet and was accepted by various groups that regarded the situation of Islam as threatened, among them a group of young Muslim men in Hamburg. A network called al-Qaeda emerged. (4) The present world is dominated by the power of ignorance and hubris (jahiliyya). The manual prescribed an attack in terms of the raids (ghazwa) of the Prophet in Medina. (5) The manual presumes a particular communal form of organizing militant Muslims. (6) It celebrated militancy of Muslims and presupposed a fighter’s ethos in the diaspora. An argument is made that the American concept of terrorism as a manifestation of evil and immorality destined to be eradicated militarily by the United States and their allies ignores the secular character of conflict and accelerates the cycle of violence.
The Alevis are a religious community on the periphery of Shia Islam. The name “Alevi” means “Adherents of ʿAli,” alluding to Muhammad’s son-in-law and cousin ʿAli ibn Abi Talib, who enjoys extraordinary veneration among Alevis. Alevism was developed in Central Anatolia during the 13th century by itinerant Muslim mystics. It includes elements of pre-Islamic Turkish shamanism and aspects of mainstream Shia Islam, which influenced it through cultural contacts with Safavid Iran. Alevism never was a unified and homogeneous community but has always had a variety of sub-groups. For centuries Alevis practiced their rites in secret, which created suspicion and rumor among Sunnite Muslims. Today’s Alevis still have to struggle with this distrust, and are often regarded as heretics by the Sunnites. The designation “Alevi” came into use in the early 20th century as a collective term for a number of religious groups such as Bektaşi, Tahtacı, and Abdal, and today is used instead of the former, pejorative term Kızılbaş (“Red-Heads”). The Alevis are the largest religious minority group in the Republic of Turkey, where their estimated number is around 15 million. Large Alevi groups also reside in the Balkan states as well as in Central and Western Europe, particularly Germany and Austria. Roughly two-thirds of the Alevis are Turkish speakers. The other third speak Kurdish and Zazaki.
In the 1980s, the community underwent the so-called “Alevi revival,” a process of exposure and openness that can be partly explained as a reaction against the re-Islamization of Turkish society. Today Alevis perform their rites and express their beliefs openly.
Although they share certain features with them, the Alevis should not be confused with the Alawis (Nusayris), who live in southern Turkey and Syria and who are all Arabic speakers.
In both popular and scholarly literature, jihad is primarily assumed to be a monovalent concept referring to “military/armed combat,” and martyrdom (shahada) is inevitably understood to be of the military kind. This assumption facilitates the discussion of jihad and martyrdom as terms with fixed, universal meanings divorced from the varying sociopolitical contexts in which they have been deployed through time. Such a monovalent understanding of these two concepts emerges primarily through consultation of the juridical literature and official histories that were produced after the 2nd century
In contradistinction to this approach, a more holistic and historical approach to the term jihad can be undertaken by focusing on the changing significations of jihad from the earliest formative period of Islam to the contemporary period, against the backdrop of specific social and political circumstances which have mediated the meanings of this critical term. This larger objective entails canvassing a more varied genre of texts to recreate a more multifaceted understanding of jihad and martyrdom as dynamic discursive terms through time. Such sources include Qurʾan exegetical works (tafsir), early and late works of hadith which purport to contain the sayings of the prophet Muhammad, the excellences of jihad (fadaʾil al-jihad) and the excellences of patience (fadaʾil al-sabr) literatures, which are often not consulted on this topic. Furthermore, the comparison of early and late sources and texts from these genres allows one to chart both the constancies and changes in the spectrum of meanings and repertoire of activities included under the terms jihad and shahada. This recovery of a broader semantic landscape undermines exclusively martial conceptualizations of both these terms and has important implications for the contemporary period.