Yilmaz, I - Inter-Madhhab Surfing, Ijtihad And Faith-Based Movement Leaders (Ch 13 in the Is

8/8/2019 Yilmaz, I - Inter-Madhhab Surfing, Ijtihad And Faith-Based Movement Leaders (Ch 13 in the Is

1/17


2/17

Chapter Thirteen

INTER-MADHHAB SURFING, NEO-IJTIHAD,AND FAITH-BASED MOVEMENT LEADERS

Ihsan Yilmaz

Introduction

The very nature of Islam, which orders an individuals life in ethical andlegal normative ways, paves the way for Muslim legal pluralism.1 Muslimlegal pluralism is inevitable even in non-Muslim spheres, regardless of non-recognition by officials. Many Muslims in Muslim and non-Muslim poli-ties relate more to the Shari'a than to the lex loci as Islam demands fullallegiance from them once they have freely chosen to embrace it.

Currently, many Muslims live in secular and modern milieus. Normally,in times of necessity ('ar al-arra)2 an identity crisis could be anticipated inenvironments where clashes with the Islamic way of life occur. Yet Muslims

find ways to cope with the conflicting situations arising from their beingsubject to legal pluralism. They successfully respond to the changing socialand cultural contexts and skillfully navigate and surf across these conflictinglifestyles, rules, norms, and laws.

Today there are many types of navigation between official and unofficiallaws. At times the state itself navigates across its own official law and exis-tent but non-recognized or unincorporated, unofficial madhhabs or otherMuslim laws. This is exemplified in the cases of the Ottoman Family RightsLaw (OFRL) of 1917, and more recently in the Pakistani Family Law.Navigation is also typified by individual Muslims navigating, for any num-ber of reasons, across the official law of a particular country of which theyare a citizen and unofficial Muslim law to meet the demands of both.Skillful legal navigators of England and Turkey are examples of thisphenomenon.3

A second category of navigation is totally within the unofficial realm andhas nothing to do with the official law. In this category Muslims navigateacross unofficial madhhab laws. Put differently, they surf on the inter-madhhab-net.4 Here, Muslims navigate in order to fit their beliefs to

Madhab-f14-191-206 7/23/04 4:10 AM Page 191


3/17

192

secular and modern environments. Legal pluralism of conflicting and some-times opposing rules among madhhabs facilitate this phenomenon. Thissecond category of navigation is also subdivided into two practices. Thefirst is institutional navigation as exemplified in the case of the IslamicShari'a Council (ISC) of Britain and the second is individual navigationby those who may be referred to as micro-mujtahids.5 This study focuseson these two dimensions of unofficial navigation, which is a manifestationof the dissolution of madhhab boundaries in the unofficial realm.

After giving an analytical picture of the current unofficial Muslim socio-legal sphere vis--vis the dissolution of madhhab boundaries, I will dealwith the new challenges to traditional fiqh and Shari'a since this newMuslim legality carries the danger of post-modern fragmentation and anar-chy as a result of the inadequacy of new ijtihads (individual reasoning),problems surrounding the issues of legitimacy and doctrinal authority.Subsequent to presenting these problems and challenges, my study suggestscivil neo-ijtihad and new implementation techniques as possible alternativeavenues in order to cope with the socio-legal dangers. In this regard, it isargued that faith-based movement leaders of Muslims have a role to playto face the challenges posed by Muslim legal pluralism in this age.

Ijtihad and tajdd in times of necessity

The Shari'a is an essential and central part of a Muslims religion; it isthe core of the faith. Law in Muslim understanding is a system of mean-ings and a cultural code for interpreting the world.6 Islam represents anorder which governs all spheres of life, in which . . . even the rules of pro-tocol and etiquette are of a legal nature.7 Thus Muslim law must be con-ceived as a culture.8 Consequently, issues with regards to Muslim socio-culturalchange, transformation or renewal would inevitably intermingle with thediscussions surrounding ijtihad. Any new discourse or practice vis--vis theseissues is directly or indirectly a result of a new ijtihad, and this does nothave to be in the field of law only, as strictly defined and understoodby the legal modernity.

As non-recognition does not make Muslim law and legal pluralism dis-appear, the tools of ijtihad and tajdd (renewal) maintain their relevancewherever Muslims live. That is why especially after the decline of Muslimpower and triumph of the Western hegemony, Muslim advocates of renewal,reform,9 and revival have argued for a return to the right to exercise ijti-had to facilitate reinterpretation and to renew the Islamic heritage.

Madhab-f14-191-206 7/23/04 4:10 AM Page 192


4/17

- 193

Most of the responses in the late nineteenth and early twentieth cen-turies to the impact of the West on Muslim societies resulted in substan-tial attempts to reinterpret Islam to meet the changing circumstances ofMuslim life.10 The purpose of ijtihad is a return to a purified Islam byweeding out un-Islamic beliefs and practices that have infiltrated the lawand life of Muslims.11 For those modernists, revivalists, and activists, ijti-had was a prerequisite for the survival of Islam in a modern world.12 Theyargued for internal renewal through ijtihad and selective adaptation (Islam-ization) of Western ideas and technology.13

The atmosphere of renewal and the emphasis on the need for new ijti-had in 'ar al-arrapaved the way for the revival and wide usage oftakhayyur(selection) in different contexts by individuals and institutions both in officialand unofficial realms. Under the concept of necessity (arra), an individualmay employ takhayyur, i.e., he can choose minority interpretations or anothermadhhabs view to resolve a particular problem. In other words, he cannavigate across different madhhab laws, surf on the inter-madhhab-net.

Takhayyur: Surfing on the inter-madhhab-net

Classical Muslim jurisprudence has provided room for choosing minorityinterpretations or another madhhabs view to resolve a particular problem

under the heading oftakhayyur, takhyror tarj: eclecticism, selection or pref-erence from among the opinions of the different schools of law or the viewsof individual scholars within the schools.14 Takhayyurrefers to the right ofan individual Muslim to select and follow the teaching of a madhhab otherthan his own.

Modern-day Muslim scholars are of the opinion that under arrainter-madhhab surfing is permissible (all).15 However, a majority of thememphasizes that surfing is only all if there is a condition of arra.16

Injunctions of Islam are related to a great extent to the consciousness andpsychology of individuals. In secular environments, where Islamic laws arenot enforced by a state, this is even more so. Thus psychology is not aminor issue and must be thoroughly taken into account especially in

the context of inter-madhab surfing when psychological comfort may bedisturbed. The definition ofarrais therefore a major issue in this regard.

arra is a comprehensive concept that covers all fiqh rulings.17 Thisconcept developed within Islamic jurisprudence to facilitate and allow foractions which are normally forbidden.18 Its existence can lift a prohibitionor a compulsory act. When there is arra, a mufti may issue a fatwa in

Madhab-f14-191-206 7/23/04 4:10 AM Page 193


5/17

194

accordance with the ruling of a given mujtahidmost suitable for the cir-cumstance at hand.

To decide ifarraexists is not arbitrary. There are certain borderlinesand conditions to decide if it really exists.19 If a vital interest needs to beprotected, this condition is called arra. Vital interests as usually listed inul al-fiqh literature may be related to the following: religion (dn), person(nafs), offspring (nal), property (ml), or reason ('aql). In such contexts thereis a well-known legal maxim stating that Necessity lifts prohibition (al-arrt tub al-mart). A strict definition ofarraallows that a primarynecessity is one of an emergency nature, where ones life or circumstanceis threatened. An exception made to protect a vital interest cannot exceedthe minimum necessary to obviate harm to that interest. If there is no per-missible alternative, arraexists. The condition ofarramust be existentat the present time; a future possible arracondition has no legal weight.20

The dissolution of madhhab boundaries justified by a modified under-standing of takhayyur can be observed in the legislative attempts of someMuslim countries to modernize their societies by restructuring Muslim laws.The takhayyurright of individual Muslims was adopted in Muslim countriesin draft legislation to justify the selection of one legal doctrine from amongdivergent opinions of the four Sunni madhhabs, and it has been the mostnotable basis for reforms, especially in the field of family law.21 This useof takhayyurdeparts from the traditional understanding in which takhayyur

was the right of the individual Muslim in a specific case and not that ofa government in legislating changes for all Muslims.22

Preliminary observations and anecdotal evidence suggest that today boththe official realm and the unofficial realm employ takhayyur. A close scrutinyof contemporary literature on Islamic jurisprudence and fiqh also showsmany examples of takhayyur, of fatwas based on takhayyur, and suggestionsfor its usage.23

The inter-madhhab-net is composed of and maintained by the following:

(i) Intra-madhhab texts. These are traditional books of particular madh-habs, citing different views within the particular madhhab. For eachissue, authors cite views of different scholars of the same madhhab oneby one, from the strongest to the weakest. For instance, for the Hanafi

madhab, the view of Ab anfa is cited first, then Ab Ysuf, thenMuammad al-Shaybn, then Zufar, and then others. The reader isadvised to follow the strongest view, yet it is lawful to navigate acrossthe intra-madhhab net by following the view of another. Any view canbe selected. It is possible that in the very near future these texts willbe available on the Internet and on CD- or DVD-ROMs.

Madhab-f14-191-206 7/23/04 4:10 AM Page 194


6/17

- 195

(ii) Inter-madhhab texts. These texts are formatted in the same way asthose discussed above; however, here the views of the four major madh-habs on a given topic are cited for contrast and comparison. In somecases, they offer a fifth madhhab.24 As with the intra-madhhab exam-ple, readers may navigate across the different views by adopting oneapproach from one madhhab and another from another madhhab.Again, in the near future these texts will likely be available in elec-tronic form.25

(iii) New inter-madhhab fatwa books.26 Contemporary Muslim thinkers arecontinuing the traditional attitude of considering legal diversity as asource of richness rather than a difficulty.27 They reaffirm the tradi-tional idea that dissension (ikhtilf ) is in fact a benefit to the Muslimcommunity, demonstratingflexibility in the Shari'a. It is often reiter-ated that the diversity of madhhabs is a bliss.28 Thus many scholarstoday, in their books on contemporary issues, give fatwas based on

views of different madhhabs. Although they do mainly follow one par-ticular madhhab, they employ takhayyur when necessary and therebyreach a conclusion on a given subject. In sum, these authors use theaforementioned texts but they navigate on behalf of the reader andcome up with an answer. In some cases, they produce more than oneanswer and leave it to the individual to navigate across these re-produced fatwas.

(iv) Newspaper inter-madhhab fatwa columns. This is almost identical tothe inter-madhhab fatwa books but here the medium is a newspaper.For instance, a close look at some Turkish dailies, such as Zaman,Yeni Safak, Vakit, Milli Gazete, Turkiye and so on, shows that theattitude taken by the fiqh-fatwa columnists to takhayyur is positive andthat they cite different views and opinions of madhhabs and scholarswhen dealing with a particular issue.

(v) Radio-TV programs. In addition to newspapers and journals, with theadvancement and spread of telecommunication, radio stations andtelevision channels have their own muftis and question-answer pro-grams. In Turkey a number of private TV channels broadcast suchprograms.29

(vi) Inter-madhhab fatwas in cyberspace. This is no different from inter-madhhab fatwa books or newspaper columns, yet in this case cyber-

space is the medium.30 As Mandeville observes, through various popularnewsgroups and e-mail discussion lists, Muslims can solicit informationabout what Islam says about any particular problem.31

Madhab-f14-191-206 7/23/04 4:10 AM Page 195


7/17

196

Post-modern fragmentation

Examples of fragmentation within responses to modern-day arra con-ditions and challenges can be seen in two contrasting examples: a state-sponsored official ijtihad committee in Turkey and a civil unofficial councilin England. While neither state recognizes Islamic law, they do allow civilShari'a institutions to operate as long as they do not contravene the lexloci.

Also discussed below is the phenomenon of Muslim individuals who surfon the inter-madhhab-net as mujtahids of their own in daily life.

Survival of Muslim law in Turkey and an official ijtihad committee: The HigherCommittee of Religious Affairs (HCRA)

With the transplantation of a new secular Turkish civil code from Switzer-land in 1926, aimed at secularizing the Turkish society in order to bringit closer to Western models,32 Islam was officially removed from public life.Nevertheless, Islam is still deeply rooted in the minds and hearts of theTurkish people,33 and it continues to be an important dynamic withinTurkish public life.

In the area of family law, recent research has showed that the Turks

have not abandoned their religious law but reconstructed it. 34 The stateexpected that through education, legal literacy campaigns, and urbaniza-tion, the populace would give up its local customs and religious laws andwould follow only the official law. However, it is becoming clear thatMuslim legal pluralism is a metropolitan reality, too.35

In addition to family law, other areas such as business, finance, andinsurance see Muslim law referred to and obeyed by many, despite thenon-recognition of this law by the state. An indication of this phenome-non is the fact of fatwa books now being bestsellers in Turkey. Moreover,many newspapers have fatwa columns, and recently, the number of Turkishfatwa sites in cyberspace has increased.36 Scholars have been asked aboutsuch contemporary topics as working in Europe, madhhabs, using amplifiers

when reading the call to prayer, Friday prayer and work, dr al-Islm, fast-ing and traveling by train, the stock exchange, tax, allmeat, marryingnon-Muslim women, alq, court divorce, polygamy, nationalism, unem-ployment benefits, inflation, interest, customs tax, bribery, depositing moneyat a bank in non-Muslim countries, selling alcohol in a non-Muslim coun-try, gambling in dr al-arb, sterilization, plastic surgery, using perfumes,abortion, ijtihad, military service, organ transplantation, prayers ( alt ) on

Madhab-f14-191-206 7/23/04 4:10 AM Page 196


8/17

- 197

the bus, VAT, mortgage, the European Union, alcohol in medication, eaude cologne, life insurance, feminism, fertility clinics, etc.37 In this regard,it is also worth mentioning that a recent survey has found that 14.1% ofthe Turkish people have accounts with interest-free Islamic finance insti-tutions despite the fact that such finance institutions carry no state guar-antee for any losses, as opposed to mainstream banks.38

Albeit secular, the state has set up an ijtihad committee, Diyanet ({leriBa{kanl


9/17

198

ISC.46 Muslim leaders tried to deal with this problem in a manner thatwould resolve the dispute without breaking either Shari'a or the law.47

The ISC has an eclectic approach to Muslim law.48 It is not tied to anyparticular madhhab and it is prepared to offer the parties the benefits ofany madhhab that suits their particular need.49 When needed, minority

views are chosen to resolve a conflict. The ISCs verdicts are based uponrulings derived from the main four schools of thought together with othersources within the Sunni Tradition, as well as the Literalist School.50 Thesedecisions exemplify modern takhayyur. The ISC is concerned to apply theunderlying spirit and general principles of Muslim law, and

takhayyurand

ijtihad are given free rein.51

In the British case, too, we see the problem of legitimacy and doctrinalauthority. People do not feel comfortable that the rulings of the Councilcan easily be followed as communal pressure often dictates otherwise. TheISC lacks the popular support of Muslim communities in Britain. Moreover,even though civil ijtihad on most matters was the case in the classicalperiod, for centuries Muslims have obeyed their states Muslim law, andin their perception legitimacy is mixed with state approval or reinforce-ment. Thus, the ISCs neo-ijtihads do not easily gain ground and earnlegitimacy in the wider community.

Micro-mujtahids

In these arra times, some young people have developed adaptive strate-gies to cope with the challenges of modern life. These young Muslims nav-igate at the madhhab level across unofficial Muslim law. The legal pluralisminherent in Islamic jurisprudence helps them to find answers to their every-day life dilemmas. They select, eclectically and also pragmatically, a con-

venient answer from one of the mainstream, that is, Sunni madhhabs. Byemploying this kind of modern individual takhayyur, a Muslim becomeshis/her own mufti,52 or a micro-mujtahid, making sometimes swift decisionsin face of a minor but instant problem.

As a result, one can observe many Muslims surfing on the inter-madh-hab-net. A Hanafi follows the Shafi'i madhhab and combines the noon

prayer with the afternoon one or the evening prayer with the night one.53

Normally Hanafi law does not permit this. Or, surfing in the area of ablu-tion is also possible:54 according to al-Shfi', if a man touches a woman,he is no longer clean, but if he bleeds, he still is. In the Hanafi madhhab,these two instances are diametrically opposite. Also, in the Hanafi madh-hab, when performing ablutions one has to wash ones feet completely;

Madhab-f14-191-206 7/23/04 4:10 AM Page 198


10/17

- 199

then if the person wears a tight leather sock during the next 24 hours, itis enough that he touches this leather sock with a wet hand symbolicallyinstead of washing his foot. In the Hanbali madhhab, one can do this witha normal sock as well. It is thus not surprising to see some Hanafis tak-ing advantage of this Hanbali view when they perform ablutions in non-Muslim environments where it is not convenient to wash the feet. A goldentooth or filling is not permitted under Hanafi law, so Muslims follow theShafi'i view.55 Regarding alcohol, although there is a consensus that drink-ing is prohibited, the external usage is permitted by some Hanafi schol-ars.56 Thus, surfers from other madhhabs usually benefit from this.57 Regardinginterest, Ab anfa and Muammad al-Shaybn are of the view that indr al-arb, it is permissible between a Muslim and a non-Muslim. Othersoppose this opinion, so if an individual wants to accept interest, he followsthe former view.58 This is not an exhaustive list of examples. Moreover,with regards to individual surfing on the inter-madhhab-net and micro-mujtahids, at this stage evidence is only suggestive but not compelling, andthis area merits further research.

While some of these micro-mujtahids confine their rulings to the bound-aries of the four madhhabs, many others claim that they can deduce theirown interpretations directly from the Quran and Sunna.59 It is even sug-gested that in the absence of sanctioned information from recognized insti-tutions, Muslims are increasingly taking religion into their own hands. 60

Thus, one frequently hears young Muslims say that one can now find allthe necessary information on Quran and hadith on CD-ROMs that evenimams could not access.61

It is obvious that at the end of the day this approach will lead to mil-lions of madhhabs62 and there will be a postmodern fragmentation.63 Intraditional Islamic jurisprudence, consensus (ijm') served as a brake on the

vast array of individual interpretations of legal scholars and contributed tothe creation of a relatively fixed body of laws.64 In 'ar al-arra, there is adanger of post-modern fragmentation as individuals claim to be and actas mujtahids. In this context, a leading British Muslim scholar, Dr. Abdal-Hakim Murad of the University of Cambridge, strongly asserts that withevery Muslim now a proud Mujtahid, and with taqlid dismissed as a sin

rather than a humble and necessary virtue, the divergent views whichcaused such pain in our early history will surely break surface again. Insteadof four madhhabs in harmony, we will have a billion madhhabs in bitterand self-righteous conflict.65 The leadingfiqh expert in Turkey, ProfessorHayrettin Karaman, points out another danger in that if there are no clearanswers to contemporary questions, then Muslims might be confused and

Madhab-f14-191-206 7/23/04 4:10 AM Page 199


11/17

200

follow un-Islamic ways.66 To prevent this, a new activity is required thatwill respect the tradition but will also satisfy the demands of Muslims inthe postmodern age.

The examples of the Islamic Shari'a Council of Britain, the HigherCommittee of Religious Affairs in Turkey, and the work of micro-mujtahidsshow that the question is no longer whether the gate of ijtihad is open ornot but which ijtihads are necessary and which ones are to be followed.Many people and institutions claim a right to exercise ijtihad and indeeddo practice ijtihad. Whether these are legitimate in the eyes of the peopleor not is another question. The problems of doctrinal authority, legitimacy,and postmodern fragmentation will still need to be dealt with.

To prevent postmodern fragmentation but at the same time implementnew changes and ijtihads without confronting problems of civil disobedi-ence or lack of legitimacy, it seems that faith-based movement leaders witheffective organizations to implement their ideas have a role to play. FethullahGlen has found a wide audience for his ideas, which are described asreformative by some scholars.67

Ideas implemented in the public sphere: Glen and his movement

Fethullah Glen is an Islamic scholar, thinker, writer, and poet. He was

born in Erzurum, in the east of Turkey, in 1938. Although he did notreceive any formal education after finishing elementary school, he wastrained in the religious sciences informally by several Muslim scholars andspiritual Sufi masters. In 1958 he was awarded a state preachers licenseand in the following years expanded his audience base. In his sermons andspeeches he emphasized the pressing social issues of the times. He hasinspired many people in Turkey to establish educational institutions thatcombine modern sciences with ethics and spirituality. His efforts haveresulted in the emergence of the Glen movement, a faith-based collec-tivity whose boundaries are extremely loose and difficult to specify. Themovement depends on its members recognition of Glens ideal cognitiveschemas and the Nur (Light) doctrines.68

By exercising ijtihad without flagging it as ijtihad, Glen reinterpretsIslamic understanding in tune with contemporary times and develops anew Muslim discourse that is based on the synthesis of Islam and science;an acceptance of democracy as the best form of governance within therule of law; raising the level of Islamic consciousness by indicating the con-nection between reason and revelation; and, achieving this-worldly andother-worldly salvation within a free market and through quality educa-

Madhab-f14-191-206 7/23/04 4:10 AM Page 200


12/17

- 201

tion.69 Stated summarily, Glens interpretation of Islam seeks a compro-mise with the modern living world. He claims that an understanding ofsecularism existed among the Seljuqs and Ottomans: they employed ijti-had in worldly matters, and enacted laws and decrees to respond to thechallenges of their times.70

Some of the elements, if not all, in Glens discourse may not be uniqueto him; there have been a number of Muslim intellectuals and mujtahidswho developed new ideas and understandings in the face of the challengesof modernity, without making concessions from the Islam of the past. Yetwhat makes Glen unique is that as a leader he has successfully persuadedand mobilized many peoplenumbering a few million at the present timeto establish institutions and to put into practice his discourse in over 50countries.

Given his strong influence in particular on his followers and in generalon Turkish society, Glens ideas regarding legal pluralism, renewal, takhayyur,and ijtihad are likely to find an appeal and to have a chance of beingimplemented in the future. What follows is an outline of some of his ideason these issues.

Glen sees diversity and pluralism as a natural fact.71 By making refer-ence to the Turkish Islam of the Seljuqs and Ottomans and to their prac-tice of religious pluralism, he underlines that a legally pluralist system existedduring these times as well.72 Glen believes that there is a need for ijtihad

in our age. He says that he respects the scholars of the past but alsobelieves that ijtihad is a necessity: to freeze ijtihad means to freeze Islam,and imprison it in a given time and space. He argues that Islam is adynamic and universal religion, which covers all time and space, and renewsitself in real life situations; it changes from one context to another, andijtihad is a major tool for this. But he strongly affirms that sometimes theideas about ijtihad are luxurious, as there are many more serious prob-lems challenging Muslims, and that everybody could claim to be a mujtahidin todays circumstances. He puts a strong emphasis on raising and edu-cating strong believers, and is of the opinion that it is important to raiseindividuals who would meet the criteria of a mujtahid.73

Regarding takhayyur, Glen believes that under arraan individual can

follow another madhhab by judging the situation with his conscience, ensur-ing that he is truly under arra. While opposing talfq (the combining ofdoctrines), Glen argues that keeping madhhabs separate will always givepeople a chance to navigate across these madhhabs if any problem arises. 74

With regard to the definition ofarra, Glen underlines that an individual can define whether a particular situation is one of arra or not.Yet he goes on to say that if everything is left to the individual to define

Madhab-f14-191-206 7/23/04 4:10 AM Page 201


13/17

202

what arra is, then there is a danger of arbitrariness, and this could pos-sibly be against the spirit of Shari'a, which states that believers shouldsometimes endure difficulty as life is essentially a test. Glen emphasizesthat in the name of public interest (mala a) and arra, people are inclinedto follow the easiest option at all times;75 if everything is permitted in thename of arra, then the essence of religion will not remain. He arguesthat if the earlier generations had given permission to everything and relaxedthe requirements, then today we would not have anything remaining asfar as religion is concerned.76 Glen suggests that a consultative body ora group of scholars can define specific arra conditions in detail, whichindividuals can use as guidelines.77

Glen strongly advocates ijtihad committees.78 He is of the opinion thatit is no longer possible for individuals to be mujtahids on all matters (muj-tahid-i mulaq); ijtihad committees should perform this task instead. In Glens

view, it is quite possible that in the future people from all sorts of disci-plines will come together in research centers and constitute ijtihad com-mittees. He argues that these committees should consist of scholars fromdifferent subject areas who advise on particular issues. They should alsouse the latest technological advances of the age, including computers, cyber-space, CD- or DVD-ROMs, and so on.79

To Glen, even today some scholars can come together and try to answersome contemporary questions put to them. In the future, he says, if more

suitable mujtahids emerge, they can come up with their own better solu-tions and ijtihads. For ijtihad committees, theology faculties could be suit-able bases or the Directorate of Religious Affairs could set up such acommittee or could evolve its already existing fatwa committee into an ijti-had committee. The state can espouse one of these ijtihads and can enactit. Then Muslims could follow such enacted official law, since they areordered to obey their rulers (ul l-amr), as long as the latter act within therealm of Shari'a and are not against its spirit. In Glens view, states shouldestablish these committees as a service to society, and he gives as an examplethe Directorate of Religious Affairs Higher Committee of Religious Affairs(HCRA). Yet if a state fails to do this, Muslims should employ civil ijtihad.80

Implementation of the new discourse and ijtihad in the public sphere

Glens discourse is not only meant on a rhetorical level; he encouragesall his followers and sympathizers to realize his ideals and to put into prac-tice his discourse. He is now one of the latest and most popular modernMuslims which Republican Turkey has produced.81 His biography, pub-

Madhab-f14-191-206 7/23/04 4:10 AM Page 202


14/17

- 203

lished in 1995, has entered into its fiftieth edition. Roughly every year inthe print media, about 1,000 news items are reported on Glen. 82 Theactual size of Glens millions of followers and sympathizers is not known,but it is agreed that it is the largest civil movement in the country.83 Heis now described as an opinion leader in Turkey.84 In newspapers he is attimes referred to as the unofficial civil religious leader of Turkey.85

His movement is deemed to be moderate; it can be considered mod-ern in the sense that it espouses a world view centered around the self-reflexive and politically participant individuals ability to realize personalgoals while adhering to a collective identity, and it seeks to shape localnetworks and institutions in relation to global discourses of democracy,human rights, and the market economy.86 The movement has a televisionnetwork (Samanyolu TV) and two radio channels (Burch FM, Dunya FM),broadcasting in Europe, the Near East, Central Asia, and the Indian sub-continent; a daily newspaper, Zaman, with a circulation of 300,000 inTurkey, and is also published in 16 countries including Europe and theUSA; a number of periodicals specialized in various fields; and a newsagency (Cihan News Agency).

Glen has also been successful in transforming and even revolutionizingthe Muslim educational discourse by taking it from its traditional form aspractised in the madrasa and Quranic literacy courses to the modern highschool and university format. He has encouraged people to establish mod-

ern schools rather than traditional ones. Businessmen who follow Glensmessage are very active in education and have built up a vast educationalempire in over 50 countries.87 People inspired by Glen have establishedmore than 500 elementary and secondary schools, of which almost 250outside Turkey: in Europe, the USA, the Central Asian republics,88 Tanzania,Senegal, Nigeria, Russia, Japan, South Africa, Australia, and Cambodia; anumber of language and computer courses; hospitals and health clinics;tutoring chains, six universities in Turkey and Central Asia; and almost600 student hostels. The movement has also an Islamic bank (Asya Finans),and an insurance company. Some companies of the movement are in themusic industry.

Modern sciences are taught in the schools operated by Glens follow-

ers. Another progressive aspect of the Glen movement in thefield of edu-cation pertains to the raising of the educational standards of women. In

the words of Yavuz, A decade ago, this religious community was not evenwilling to allow their daughters to go to secondary or high schools. Theypreferred to send female students to the Quranic courses or the strictlyfemale Imam Hatip schools. For years, Glen publicly and privately encour-aged the community to educate all their children regardless of gender.

Madhab-f14-191-206 7/23/04 4:10 AM Page 203


15/17

204

Today, there are many all-female schools and many of their graduates goon to universities.89

Glen has changed the traditional tutoring practice of teaching by mak-ing available printed texts and audio-visual material.90 Recently, the cyber-space has also come into play.91 Moreover, millions of copies of thesematerials have been sold and distributed. The daily Zaman alone has dis-tributed many of Glens books and audiocassettes, free of charge, to allits readers in several promotional campaigns. The movements radio chan-nels and TV station have been broadcasting Glens speeches and sermonsas well. Glens media and publishing houses have been propagating anddisseminating Glens discourse on several issues, such as science, moder-nity, democracy, secularism, dialogue, modern education, etc., as well ashis ijtihads.

Zaman also distributed an inter-madhhab text, Zuhaylis Encyclopedia ofIslamic Fiqh.92 300,000 copies of this book were distributed to Zamans sub-scribers free of charge. In this work, the author cites views of the fourSunni madhhabs. In some cases even, he cites the fifth madhhab.

Interfaith dialogue all over the world is on the movements agenda. Inthe countries where it operates, it either establishes interfaith organizations,associations, and societies or is in close contact with men of faith. In theschools Glen encouraged to establish, Muslims, Christians, Jews, Buddhists,Shamans, and others study together.93 Zaman employs Jewish and Christian

columnists, who contribute regularly.The movement brings together scholars and intellectuals regardless of

their ethnic, ideological, religious, and cultural backgrounds. The Journalistsand Writers Foundation functions as a think tank on related issues. TheAbant Platform is a result of the attempt to find solutions to Turkeys prob-lems regarding sensitive issues such as laicism, secularism, and religion. Anew theology, as it were, has been created in the Abant Platform.

Glen has also encouraged his sympathizers to work on contemporaryissues such as genetic engineering, organ transplantation, music, art, mod-ern theology, Quranic exegesis, Muslim-Christian dialogue, and secularism,and possible Islamic responses to these issues.94 The movements publish-ing housesNil, Kaynak, Tov, Truestarhave supported and published

these works. Many of Glens followers publish papers and books and writePh.D. theses on these very topics. New fatwa books are published by thesepublishing companies, too. The theology journal Yeni mit has been dis-seminating these ideas for the last decade. A new intelligentsia in the linesof Glens discourse has also been evolving.

In short, Glen is the engine behind the construction of a new Islamin Turkey.95 Even though there has not been any discussion of ijtihad,

Madhab-f14-191-206 7/23/04 4:10 AM Page 204


16/17

- 205

neo-ijtihad or tajddwithin the movement, it is obvious that all these devel-opments and activities are results of Glens ijtihads, even though he wouldneither claim nor admit that they were so. Put differently, what he doescan be labeled ijtihad (and tajdd) by conduct. People in his movement,believing that he is capable of reinterpreting Islam to respond to the neces-sities of the time, follow in his footsteps, put into practice his discourse,and realize his ideals.

Conclusion

Muslim legal pluralism is an everyday reality in both Muslim and non-Muslim environments. By surfing on the inter-madhhab-net, Muslims havesuccessfully responded to the changing social and cultural contexts andhave found solutions within Islam without abandoning their Muslim iden-tity and law. Even though such surfers are not always psychologically com-fortable with what they do, at least it helps them to feel that they are stilloperating within the boundaries of the Shari'a.

Muslim legal pluralism, skillful legal navigators, surfers on the inter-mad-hhab-net, and postmodern micro-mujtahids paving the way for possible socio-legal fragmentation will be part of our lives for years to come, and thechallenge of the future will be to accommodate this reality within tradi-

tional Islamic jurisprudence. It is crystal clear that at this point a newunderstanding and application of ijtihad, responding to and reflecting theZeitgeist, will take place.96

To prevent postmodern fragmentation but at the same time implementnew changes and ijtihads without inciting civil disobedience, it seems, asthe Glen case exemplifies, that civil faith-based movements have a roleto play. Having almost replaced the ulemas doctrinal authority, faith-basedmovement leaders exercise or advocate ijtihad and, most importantly, havethe means to implement their ideas in the civil realm, even though in mostcases they do not label or flag this as ijtihad or tajdd. Individuals are notcoerced into following a faith-based leader and tend to judge the leaderwith different criteria: the level of piety, appearance, honesty, knowledge,

sincerity, and so on. Whether these criteria are relevant, scientific, or cor-rect is beside the point; they are enough to legitimize a faith-based leader

and his discourse and practice.97

The function of a faith-based movement leader in relation to tajddcouldpresent itself in three ways. First, the leader is a mujtahidhimself and makesijtihad. Second, he follows ijtihads of certain other individuals or institu-tions, and by following such ijtihads of others he, in a way, legitimizes

Madhab-f14-191-206 7/23/04 4:10 AM Page 205


17/17

206

them. Third, the leader sets up an ijtihad committee, the ijtihads of whichwill (may) be followed first by the leader and then by his followers. In thisway fragmentation of the Muslim socio-legal sphere as a result of activi-ties of postmodern Muslim surfers and micro-mujtahids can be avoided whileMuslim legal plurality and diversity are maintained.

Madhab-f14-191-206 7/23/04 4:10 AM Page 206

Documents

Yilmaz, I - Inter-Madhhab Surfing, Ijtihad And Faith-Based Movement Leaders (Ch 13 in the Is