Muslims have been in America for a very long time. In the more recent times, there has been an influx of immigrants.
The immigrants have brought with them their culture and how they practice Islam is very much influenced by the culture of their mother land.
However, once these immigrants become American Citizens and become part of the American fabric, they will eventually develop an American Muslim Identity. They will do it deliberately while their children who grow up here will do it organically.
I would like to share some thoughts about what that American Muslim Identity looks like to me.
In the pages (posts) of this blog, I will share some ideas and challenges to help shed the baggage and practice the faith that is wholly American and wholly Islamic
Since it says in the Quran that Muslim men can marry “women who are believers” the general belief and teaching has been that Muslim women cannot marry “believing men” also referred to as the people of the book (Ahle-kitab).
But what is ignored is the verse in The Quran (2:221) that says “…do not give your women in marriage to men who associate others with Allah in His Divinity until they believe; for a believing slave is better than a (free, respectable) man who associates others with Allah in His Divinity, even though he might please you”. In other words, you can give women in marriage to men even if they are poor and ugly as long as they are “believers”.
It is interesting to note that the tradition, interpretation and guidance provide by Muslim scholars (mostly men) over the centuries has been contrary to The Quran.
Many observers quote the verse “….it is lawful for you to marry chaste Muslim women and chaste women of the People of the Book, provided, you pay their dowry… (5:5), and use this verse to justify Muslim men marrying women of the Book. But they ignore the verse 221 in Surah Al-Baqarah (noted earlier in this article) which clearly allows Muslim women to marry believing men (people of the book). One wonders why do these scholars think that God will be (God forgive me) unjust towards women, one of his finest creation.
It shows that the male Muslim scholars have been misogynistic and over the centuries continued to suppress the rights Islam gave to women. Such proclamation from the scholars (ulema) has left hundreds if not thousands of young American Muslim women in their late twenties and thirties, unmarried.
In the patriarchal Muslim societies, men rule the roost and dictate the religious upbringing of the children. In such societies, it is expected that Muslim men will steer their off springs into Muslim faith. But here in America ( and many other progressive communities) both parents are engaged equally in child rearing. Many interfaith families expose their children to the rich cultural and religious traditions of different faiths. As such children become adults; they chose to follow the faith tradition of one or other of their parents or no faith at all. Whereas it is a responsibility of the parents (in the Islamic tradition) to teach their children about the faith, that responsibility ends when the children become adults.
Based on The Quran (and not the ulema), the American Muslim women who cannot find Muslim mates or chose not to do so, can marry “believing me” in other words men of the book. It is permitted as per the guidance of The Quran (Surah2, Verse 221).
The Quran does not include Hijab, Niqab, Burqa as dress code for a Muslim woman. The practice of covering the head by women ( and men) of all faiths, particularly during religious events pre-dates Islam. The Hijab (head covering), Niqab (covering the face except the eyes) and Burqa (covering the whole body from head to toe) are cultural expressions and tribal customs of various Muslim communities. These have nothing to do with Islam. But have come to be associated with being Muslim. God commands both believing men and believing women in The Quran to dress modestly.
The wearing of hijab is a personal choice. Some women wear hijab as part of their religious belief, some are forced to do so by the pressure from the family or the tribe and some do so to openly declare the faith. Others do not cover their hair.
When asked, many such Muslim women answer by saying that hijab offers protection against unwanted attraction and solicitations.
In spite of the fact that it is not ordained by Islam, hijab has come to stereotype an American Muslim Woman. A review of the “Islamic Horizon” magazine published in the USA last year showed that over 95% Muslim women who were presented in various stories were wearing hijab. It is if to say that the American Muslim women who do not wear hijab have not achieved any social, professional or academic success and somehow are not worthy of coverage in this magazine.
Many recent children books written by Muslim authors almost always depict Muslim women as wearing hijab. Such a depiction sends a wrong message to the young Muslim girls, that to be Muslim means that you must be wearing a hijab. The American Muslim Community must call out these authors and publishers and ask not to stereotype the American Muslim woman in such publications.
The following verses fromThe Quran are instructive:
And tell the believing women to subdue their eyes, and maintain their chastity. They shall not reveal any parts of their bodies, except that which is necessary. They shall cover their chests, (with their Khimar) and ……..They shall not strike their feet when they walk in order to shake and reveal certain details of their bodies. All of you shall repent to God, O you believers, that you may succeed. (24:31)
O prophet, tell your wives, your daughters, and the wives of the believers that they shall LENGTHEN their garments. Thus, they will be recognized and avoid being insulted. God is Forgiver, Most Merciful.( 33:59)
The word Shari’ah is often used in the media to create public fear of Muslims and Islam. The media in general and the Islamophobes in particular use the word Shari’ah in conjunction with severe physical punishments such as lashing, stoning, chopping off the hands, and beheading. A whole industry has developed where certain people are busy writing and crafting bills to be introduced in the State legislatures to ban “Shari’ah”.
Shari’ah, an Arabic word, literally means a path leading to the water. Another derived word is Sharie that means street. In the Arabian desert, where The Quran was revealed, water was the path to survival.
Metaphorically, Shari’ah for Muslims is the right path, a path to lead a good life, attain God’s grace and reward in the world hereafter.
Shari’ah is the sum total of God’s revealed commands and eternal set of values as stated in The Quran. These divine commands guide us to achieve better life here on earth, and salvation in the life hereafter. Shari’ah is rooted in the desire to benefit both the individual and the broader community.
Shari’ah is not LAW. Laws are derived from Shari’ah, just as the US constitution is not the law but laws are derived from the constitution.
Understanding the Shari’ah and translating the Divine Intent into law is called Fiqh (jurisprudence). Over the millennia, Muslim scholars (jurists) have developed laws taking into account the conditions of societies and cultures of their time. Whereas Quran is the primary source, scholars may consult the hadith and seerah for additional information as they develop Fiqh (Islamic laws).
Shari’ah for Muslims is Divine and unchangeable whereas the Islamic Jurisprudence (laws) are manmade. Such laws can and should change and evolve. The Quran has not changed since it was revealed and will never be tampered with or changed.
In order to understand the relationship between Shari’ah and the Islamic law, one can look at the United States’s constitution even though the constitution is manmade.
The founders of the United States of America laid down the core principals – the Constitution, which embraced the concept of life, liberty & the pursuit of happiness. Over the two centuries, the Congress has created laws based on the Constitution.
These laws have varied based on the needs of the society at any given location and at a given time. For example, the Constitution calls to protect the lives of the citizens. Congress passes a law to impose speed limits to protect lives. But the speed limits vary from state to state, and even within a state. The driving speed varies from highways to school districts. And when there were no cars, there were no speed limits. Likewise, when gasoline prices rose in the early 1970s, speed limits were lowered. Constitution provides the guidelines and the laws emanate from it.
Simply stated, the Shari’ah can be divided into two parts: Personal and Societal.
The Divine commands Muslims to believe in One God, pray, give charity, fast during Ramadan and perform the Hajj. These commands constitute the personal Shari’ah. Acts of personal Shari’ah are not enforceable since these are between the man and his Creator. The society or the government cannot judge or punish a Muslim for not performing the acts of personal Shari’ah. The rewards and punishments relating to these personal acts reside completely with Allah (God).
The societal Shari’ah, however involves Muslims interacting with others and with the society at large. To live harmoniously in a community, Shari’ah requires us to behave in a certain way. The leaders or the elected officials of the community are responsible to protect the life, family, property, mind, religion and honor of the citizens. The protection of life, family, property, mind, religion and honor are referred to as the maqasid (objectives) of the Shari’ah in the Islamic tradition..
Some of the examples of the objectives of societal Shari’ah are as follows:
LIFE:
o Right to life & personal liberty
o Security
o Food, shelter, clothing
o Employment
o Healthcare
o Environment
MIND
o Access to education
o Free dissemination of knowledge
o Promotion of science, technology, R&D
o Promotion of rationality, respect for consensus, and tolerance of differences
o Control of drugs, narcotics & intoxicants
o Freedom of speech & expression
RELIGION
o Protection & promotion of values
o Freedom of independent legal reasoning
o Furtherance of capacity to fulfill religious obligations (mosques, zakah)
o Religious freedom: no compulsion. Practice whatever you want as long as it does not infringe upon any of these protected rights e.g. Sati- it violated the right to life.
o If God is not forcing people to believe, what right do we have? It is not for us to judge. Caliph Umar’s Christian house-boy remained Christian.
o Prophet married Jewish and Christian women (without requiring conversion)
o Religious harmony
o Protection of religious symbols
FAMILY/LINEAGE
o Promotion of family as a unity
o Family values
o Institution of marriage
o Clarity of lineage
o Child/orphan benefits
o Gender & juvenile justice
PROPERTY/WEALTH
o Private ownership
o Trade & commerce
o Economic justice: labor rights, fair wages…
o Equitable distribution of wealth
o Economic development
o Exploitive practices: usury
HONOR/PERSONAL DIGNITY/HUMAN RIGHTS
o Fundamental principles enunciated in the sacred text.
o People are granted citizenship rights & protections based on their humanity, rather than beliefs.
o Right to due process
o Protection from torture, arbitrary arrest
o Reputation: Slander
o Privacy
o Discrimination
o Human rights
If a Muslim is found guilty of violating the rules of the societal Shari’ah ( e.g. steals someone’s property, hurts or kills another person) then the authorities can dispense punishments as per the penal code embedded in the Islamic laws based on Shari’ah. The penal code can and should evolve with time.
It is important to note that for Muslims living in the United States ( as a non-Muslim majority country), the laws of the land prevail and override the Islamic societal laws.
Many laws may be considered Shari’ah-compliant even though they may not directly flow from the historical Muslim tradition, e.g. seat belts, which fulfill one of the maqasid such as protecting life, or Informed Consent for a surgical procedure, which fulfills the maqasid of Human Rights or Religious Rights.
The Islamic laws derived from the basic principles of Shari’ah should continue to be modified, altered or new laws developed based on the needs of the changes in the society. For example, as science and human experiences progress, new laws will be needed to deal with things such as genomics, gene transfers, organ transplantation, surrogate mothers, care at the end of life etc.
The basic role of the governing body in an Islamic State (Muslim Majority state with a Muslim government) is not to enforce moral code; but rather, to enforce justice.
Individuals should have freedom to live in whatever manner they like, as long as they do not violate the protected rights of the people.
Khalid Rehman, M.D. is a public speaker on Islam.
References:
Defining Islamic Statehood. Measuring and Indexing Contemporary Muslim States.
By Imam Feisal Abdul Rauf. Palgrave McMillan 2015.
Noah Feldman’s New York Times Article published on 7/15/2016
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American Muslims come in all shapes, sizes and colors. Some are local, some are converts and other are immigrants. They each bring their own cultural experiences.
As they assimilate, a new American Muslim Identity is developing
that is wholly Muslim and wholly American
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