FIQH FOR MILITARY SERVICE: Guidance for the Muslim Minority in Australia
DOI:
https://doi.org/10.22373/jms.v15i2.1776Keywords:
The term ‘Muslim Minority’ is used to refer to those Muslims that form an Islamic community in countries where Muslims are neither the majorityAbstract
The term ‘Muslim Minority’ is used to refer to those Muslims that form an Islamic community in countries where Muslims are neither the majority, nor form the governing polity i.e. non-Muslim lands. This paper introduces Islamic Law and Fiqh, before discussing the rights and obligations of the Muslim Minority in militar y ser vice. This paper then discusses the relevant ‘ibadah rulings (literally meaning religious rituals such as prayer, fasting) and how these may be practically applied in the context of ser vice as a loyal and effective sailor, soldier or airman. The Muslim minority and their militar y ser vice in Australia will be used throughout the paper as an illustrative case study.References
Endnotes
Accessed at http://www.azizahchishty.com/portal/content/publication-reliance-believer- ramadhan dated 21 May 2013
See for instance Ali Gomaa, ‘An Introduction to the Fiqh of Muslim Minorities’, at http://
www.ali-gomaa.com/?page=scholary-output&so_details=216 accessed 19 May 2013.
http://en.wikipedia.org/wiki/Ja%27fari_jurisprudence accessed 16 May 2013
http://en.wikipedia.org/wiki/Malik_ibn_Anas accessed 15 May 2013
Ali Gomaa, ‘An Introduction to the Fiqh of Muslim Minorities’, at http://www.ali-gomaa. com/?page=scholary-output&so_details=216 accessed 17 May 2013
Ali Gomaa, ‘An Introduction to the Fiqh of Muslim Minorities’, at http://www.ali-gomaa. com/?page=scholary-output&so_details=216 accessed 17 May 2013
The precise number of Muslims is not known because many do not declare their religious status for census purposes. It is believed this is an under-representation and that there has been considerable growth in the Muslim demographic over the last five years. See generally “Australian Government Department of Foreign Affairs and Trade: about Muslims,†online: <http://www.dfat. gov.au/facts/muslims_in_Australia.html>.
Islamic Council of Victoria, ‘FAQ: Ramadan’ at http://www.icv.org.au/index.php/background- info/ramadan accessed 21 May 2013
Ann Black, “Lessons from Singapore: An Evaluation of the Singapore Model of Legal Pluralismâ€,
ASLI Working Paper, No. 026, July 2012, www.law.nus.sg/asli/pub/wps.htm.
Hyder Gulam (2012), ‘The Historical Application of Shariah in Australia’, Al Wasat Newspaper (October 2012), at http://hyderg.wordpress.com/2013/05/19/al-wasat-october-2012-the-historical- application-of-shariah-law-in-australia/ accessed 15 May 2013
http://en.wikipedia.org/wiki/Makassan_contact_with_Australia accessed 19 May 2013 and see also ‘Ancient Discovery set to rewrite Australian history’, The Age 19 May 2013 at http://www. theage.com.au/national/ancient-discovery-set-to-rewrite-australian-history-20130519-2juck.html accessed 21 May 2013
European Council of Fatwa and Research at www.e-cfr.org/data/cat30072008113814.doc
(Fatwa Number 5, p.7) dated 19 May 2013
“There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path. Whoever disbelieves in Tâghût and believes in Allah, then he has grasped the most trustworthy handhold that will never break. And God is All-Hearer, All-Knower†(Qur’an 2:256)
Hyder Gulam (2006), ‘Islam, Law and War, University of New England Law Journal Vol.3, http://
www.une.edu.au/law/journal/pdfs/2006-3-gulam.pdf, p.91, accessed 16 May 2013
Zijad Delic (December 2009), ‘Muslims & Citizenship: The Social Contract, Backed by Faith’, Canadian Islamic Congress Friday Bulletin at http://www.canadianislamiccongress.com/fb/friday_ bulletin.php?fbdate=2009-12-25
Ibid.
Ibid.
The Holy Qur’an commands the following in regard to contracts: “And fulfill every covenant. Verily, you will be held accountable with regard to the covenants.†(Qur’an, 17:34)
Additionally, God instructs believers: “O you who believe! Fully discharge (the obligations arising through) contracts.†(Qur’an, 5:1) And those who are blessed in God’s sight are “...those who truly care for their trusts (left by others in their care) and their covenants.†(Qur’an, 23:8).
Moreover, the Qur’an condemns those who break covenants, describing them as untrue to their faith: “It is not the case that every time they make a covenant, some party among them throws it aside. Nay! The truth is most of them believe not.†(Qur’an, 2:100)
Australian Department of Immigration at http://www.citizenship.gov.au/ceremonies/pledge/
accessed 19 May 2013
Zijad Delic (December 2009), ‘Muslims & Citizenship: The Social Contract, Backed by Faith’, Canadian Islamic Congress Friday Bulletin at http://www.canadianislamiccongress.com/fb/friday_ bulletin.php?fbdate=2009-12-25
Muhammad Khalid Masud, ‘Islamic Law and Muslim Minorities’, at http://www.academia. edu/732749/Islamic_law_and_Muslim_minorities accessed 16 May 2013
Ibid.
Ali Gomaa, ‘Obtaining citizenship of non Muslim countries: an Act of Polytheism?’, at http://
www.ali-gomaa.com/?page=scholary-output&so_details=217 accessed 17 May 2013
Ibid.
Ali Gomaa, ‘Obtaining citizenship of non Muslim countries: an Act of Polytheism?’, at http://
www.ali-gomaa.com/?page=scholary-output&so_details=217 accessed 17 May 2013
Ibid., p.81
Ibid., pp.81-82
Ibid., p.82
https://itunes.apple.com/en/app/ipray-prayer-times-qibla-compass/id288054534?mt=8 accessed 21 May 2013
JÄbir reported that, The Prophet (pbub), said: “I have been granted five things which were not granted to any one before me: and for me the earth has been made a mosque and a means of purification; therefore, if prayer overtakes any person of my community, he should say his prayers (wherever he is)…â€
which are no idols or pictures – see A Manual of Hadith, ‘Mosques’, at http://www.sacred- texts.com/isl/hadith/had08.htm accessed 22 May 2013
‘Guideline of Performing Ibadah (worship) at the International Space Station (ISS)’ at http://
makkah.files.wordpress.com/2007/10/a_guideline_ibadah_at_iss.pdf accessed 20 May 2013 and
‘Abd al-Rahman al-Jaziri , Islamic Jurisprudence According to the Four Sunni Schools: Al-Fiqh ‘Ala al- Madhahib al-Arba ‘ah-Volume I Acts of Worship, (Fons Vitae, 2009), p.666
Islamic Council of Victoria, ‘FAQ: Ramadan’ at http://www.icv.org.au/index.php/background- info/ramadan accessed 21 May 2013
Islamic Council of Victoria, ‘What is Halal?’, at www.icv.org.au/icvdocs/whatishalal.pdf accessed 21 May 2013
‘Guideline of Performing Ibadah (worship) at the International Space Station (ISS)’ at http://
makkah.files.wordpress.com/2007/10/a_guideline_ibadah_at_iss.pdf accessed 20 May 2013
Patrick di Justo, ‘A Muslim Astronaut’s Dilemma: How to Face Mecca From Space’ at http://
www.wired.com/science/space/news/2007/09/mecca_in_orbit from Wired, dated 26 September
accessed 20 May 2013
Reference
Abdein, S.Z. 1996. “Options for Muslim Minorities in Plural Societiesâ€, in Iqbal A. Ansari (ed),
Readings on Minorities: Perspectives & Documents (Vol.II). New Delhi: Institute of Objective Studies
Al-Jaziri, ‘Abd al-Rahman. 2009. Islamic Jurisprudence According to the Four Sunni Schools: Al-Fiqh ‘Ala al-Madhahib al-Arba ‘ah-Volume I Acts of Worship. Fons Vitae
Bennoune, Karima. 1994. “As-salamu alaykum? Humanitarian Law in Islamic Jurisprudenceâ€. 15
Michigan Journal of International Law 614
Black, Ann. 2008. “Accommodating Shariah Law in Australia’s Legal System: Can We? Should We?â€
Alternative Law Journal
Bleuer, Christian. 2012. “Muslim Soldiers in Non-Muslim Militaries at War in Muslim Lands: The
Soviet, American and Indian Experienceâ€. Journal of Muslim Minority Affairs. 32:4
El-Fadl, Khaled Abou. 1994. “Islamic Law and Muslim Minorities: The Juristic Discourse on Muslim Minorities from the Second/Eight o the Eleventh/Seventeenth Centuriesâ€. Islamic Law and Society. Vol.1
Hoodbhoy, Pervez. 2006. “Why Didn’t the Scientific Revolution Happen in Islam?†in Azhar Ibrahim Alwee, Mohamed Imran Mohamed Taib et al (eds). Islam, Religion and Progress: Critical Perspectives. Singapore: The Print Lodge
Kamaruzaman, Kamar Oniah. 2007. Understanding Islam: Contemporary Discourse. Kuala Lumpur: Saba Islamic Media
Laldin, Mohamad Akram. 2011. Introduction to Shari’ah & Islamic Jurisprudence (3rd Edition). KL: CERT
Nafi, Basheer M. 2004. “Fatwa and War: on the Allegiance of the American Muslim Soldiers in the
Aftermath of Septemberâ€. Islamic Law & Society, 11:1
PERDUAS. 2000. ‘Boy Meets Tekong: NS Guidebook for Muslim’. Singapore: Nickelodeon Books
Rahman, Fazlur. 1979. Islam (2nd Edition). University of Chicago Press
Ramadan, Tariq. 2005. Western Muslims and the Future of Islam. UK: Oxford University Press
Rehman, Scheherazade S. and Askari, Hosseim. 2010. “How Islamic are Islamic Countriesâ€, in Global
Economy Journal, Volume 10, Issue 2, Article 2
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