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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 l’Orient, 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 al-Alwani 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 Shari’ah "in its wholesome perception and not inthe limited perception, which confines it to legal punishment ( Hudud )".4 Ramadan mentioned
his efforts in spreading the following idea:
*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 theWest. 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 [email protected] 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 4 http://www.islamonline.net/Arabic/Daawa/2003/09/article05.shtml
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“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 bebrought is that there is a psychological war in which Muslims say that they are a minority, that theyare deprived, and that they have to speak under cultural supervision. Some of them have come upwith very precise Islamic terms, such as Shari’ah, wholesomeness of Islam and Fiqh."
The idea of wholesome Fiqh—Jurisprudence—in 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 al-
Alwani 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 al-
Falujah. 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). Between1976-1984, 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.
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 al-
5 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. Al-Alwani denied any link to him. www.asharqalawsat.com26 Sep 2003.8 http://www.weforum.org/site/knowledgenavigator.nsf/Content/Alalwani%20Taha%20Jabir
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Muslimin 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 Nationtowards 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 campswithin them. It is the obligation of the minorities towards the nation to have a high level of culturaldepth, and to help it build its "identity institutions", such as mosques, schools and centers for Arabiclanguage 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 themalone. 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 foreignbodies 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 'Abdal-Aziz Aal Sa'ud, may God protect him, many years ago. When I explained to him, and to those whowere with me, what we are doing, he got extremely happy and said: 'I command you to continue withthese 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 youcan, 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 thisprinciple in their dealing with the minorities, and it will be better for the leaders of the minorities to beaware 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 theappearance 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 thought as some mentioned in some letters." 9
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 al-
Alwani's Muslim Minority Jurisprudence. The terms to be discussed are: Fiqh
(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,
9 http://www.alhramain.com/text/alraseed/958/qazaya/2.htm Originally from "Al-Sharq al-Awsat", 18 January2000.
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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 MinorityJurisprudence" ( 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 thegeneral sense, which includes all aspects of law in thought and practice. In the meaning that theProphet, God's Blessing and Praise upon him, said: 'for He whom Allah wishes good, He will causehim to understand ('to Fiqh') The Religion'.11 From this comes the necessity to link this Fiqh and thegreater 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 betweenSharia law and the conditions of the group and the place where it lives. Therefore, this is the Fiqh of agroup confined to special conditions that is permitted to do what others are not permitted. Itsdiscourse 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 militaryservice mandatory, and if France declares war on a Muslim state, what will be our position? And asfar as the elections, for whom should we vote?" 12
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
"Dr. Siddiqi, former president of the Islamic Society of North America (ISNA), was answering aquestion about the participation of Muslims in local elections across the United States.14 Dr. al-Alwani,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 Americanpolitical system at large.15 Both of these American Islamic scholars support the participation of
10 http://www.islamonline.net/arabic/contemporary/politic/2001/article1.shtml
11 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 14 http://islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=62236 15 http://islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=16542
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Muslims in all fields of American political life, and thus simultaneously pave the way for Muslimcandidates 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, al-
Alwani 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
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
16MEMRI 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.19 www.islamonline.net/Arabic/news/2003-10/25/article15.shtml;www.islamonline.net/Arabic/news/2003-10/25/article17.shtml
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"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 asituation 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 principlesfor which it calls. I say with all frankness, the Muslims who live in Europe should know they have nochoice but to understand that they are represented by the values they carry."21
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 thereforedrinketh thereof is he not of me, and whosoever tasteth it not he is of me, save him who takes in thehollow of his hand. But they drank thereof, all save a few of them. And after he had crossed, he andthose who believed him, said: We have no power today against Goliath and his soldiers. But thosewho knew that they would meet the Lord exclaimed: How many a little company hath overcome alarge company by Allah's leave! Allah is with the steadfast. (Quran 2:249)." 22
Terminology link: The "Mainstreamer" and "Role Model" (Wasatiyyah and
Shahadah)
If you enter al-Qaradawi's personal web site—www.qaradawi.net—you see on the top frame
of every single web page, written in yellow over blue, the text of the Quranic verse 2:143:
“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
20 http://www.muslimworldleague.org/paper/1786/articles/page4.htm 21 http://www.islamonline.net/Arabic/Daawa/2003/09/article05.shtml22
English wording based on: Mohammed Marmduke Pickthall, "The Meaning of the Glorious Koran – anExplanatory Translation", New York, 1953.23 Ibid.
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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 thesetwo 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 (1906–1949), 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 itsIslamic 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 oftenattempts to reach compromises regarding Islamic principles. The ensuing compromises often appear as terminological hair splitting or even casuistry, divorced from any real change in position." 28
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."
24 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.
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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 Qur’an 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 Qur’anic 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 isomniscient. The nation of Muhammad, Allah's blessing and peace upon him, will be brought in andwill testify [that the prophets fulfilled their 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 truthfulprophet’. Then Muhammad will be brought in and will be asked about his nation. He will exoneratethem 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 arole 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
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" caneither 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
29 According to Dar al-Fikr edition, Beirut, 1995.30 See for instance: www.al-islam.org/al-serat/Concept-Ezzati.htm31
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 Zviinstitute for the study of Jewish Communities in the East, in Hebrew), p, 5.
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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 al-Alwani 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),facing 'them', which we called 'Dar al-Harb' (Land of War) or 'Dar al-'Ahd' (Land of the Covenant), 34
should be reconsidered in the light of the examination of each of these terms and the meaning of itscontext, and to what extent its meaning takes place in the current reality. Tariq Ramadan offers anew 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 al-
Shahadah 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 al-
Kufr (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
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 noQur'anic substantiation for these concepts. They are inapplicable to international relations in moderntimes."37
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:
33In 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). 37 http://www.islam-online.net/English/politics/2000/1/article7.shtml
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"To be committed to the Quranic geographic concept: The earth belongs to Allah, and Islam is Hisreligion. 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 arecommitted to approach so that it will arrive."38
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 whatis 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 couldknow? Perhaps some of them would have been the ones who discovered America, not someoneelse, and America could have possibly been today among the lands of the Muslims (Diyar al-Muslimin, or dwellings of the Muslims)."39
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, whereinthe identity of the American Muslim is to be loyal to his homeland (Watan), America, due to hisobligations towards it as a citizen, because the homeland for the Muslim is considered Dar al-Islam(Land of Islam) for him, as long as he is able to do his religious rituals inside it." 40
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
38 http://www.islamonline.net/arabic/contemporary/politic/2001/article1.shtml here in should be mentioned thatthe 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 2002.41 http://www.islamonline.net/Arabic/Daawa/2003/09/article05.shtml 42 I would like to thank Prof. Albert Arazi for this definition.
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"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
religious practice, due to the viewing of Shari’ah 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 thesovereign 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
43The 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 Jama’a of Ben Gurion University in Be’er Sheba (in Hebrew).
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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
Ramadan’s. Al-Alwani, who lives in post September 11 th 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 interpretthe 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 StateMinister for Foreign Affairs here in Britain who spoke in a colonial spirit and told the Muslim Diasporaof Britain to choose between living in the British style or supporting terrorism." 44
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.
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).
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