In How Muftis Think Lena Larsen explores fatwas that respond to questions asked by Muslim women in Western Europe in recent decades. The questions show women to be torn between two opposing notions of morality and norms: one stressing women’s duties and obedience, and one stressing women’s rights and equality before the law. Focusing on muftis who see “the time and place” as important considerations in fatwa-giving, and seek to develop a local European Islamic jurisprudence on these increasingly controversial issues, Larsen examines how they deal with women’s dilemmas. Careful not to suggest easy answers or happy endings, her discussion still holds out hope that European societies and Muslim minorities can recognize shared moral concerns.
Drawing upon Muslim Europe's own voices, institutions, and experiences, this compelling work reframes the debates on European secularism, the historic role of Shari'a law in diverse European states, Muslims and Nazis, Muslims and Communists, and the contributions of Muslims to Europe today.
Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.
Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
The struggle for the soul of Europe today is every bit as dire and consequential as it was in the 1930s. Then, in Weimar, Germany, the center did not hold, and the light of civilization nearly went out. Today, the continent has entered yet another “Weimar moment.” Will Europeans rise to the challenge posed by radical Islam, or will they cave in once again to the extremists? As an American living in Europe since 1998, Bruce Bawer has seen this problem up close. Across the continent—in Amsterdam, Oslo, Copenhagen, Paris, Berlin, Madrid, and Stockholm—he encountered large, rapidly expanding Muslim enclaves in which women were oppressed and abused, homosexuals persecuted and killed, “infidels” threatened and vilified, Jews demonized and attacked, barbaric traditions (such as honor killing and forced marriage) widely practiced, and freedom of speech and religion firmly repudiated. The European political and media establishment turned a blind eye to all this, selling out women, Jews, gays, and democratic principles generally—even criminalizing free speech—in order to pacify the radical Islamists and preserve the illusion of multicultural harmony. The few heroic figures who dared to criticize Muslim extremists and speak up for true liberal values were systematically slandered as fascist bigots. Witnessing the disgraceful reaction of Europe’s elites to 9/11, to the terrorist attacks on Madrid, Beslan, and London, and to the wars in Afghanistan and Iraq, Bawer concluded that Europe was heading inexorably down a path to cultural suicide. Europe's Muslim communities are powder kegs, brimming with an alienation born of the immigrants’ deep antagonism toward an infidel society that rejects them and compounded by misguided immigration policies that enforce their segregation and empower the extremists in their midst. The mounting crisis produced by these deeply perverse and irresponsible policies finally burst onto our television screens in October 2005, as Paris and other European cities erupted in flames. WHILE EUROPE SLEPT is the story of one American’s experience in Europe before and after 9/11, and of his many arguments with Europeans about the dangers of militant Islam and America’s role in combating it. This brave and invaluable book—with its riveting combination of eye-opening reportage and blunt, incisive analysis—is essential reading for anyone concerned about the fate of Europe and what it portends for the United States.
In Exploring the Multitude of Muslims in Europe a number of friends and colleagues of Jørgen S. Nielsen have joined together to celebrate his life and work by reflecting his more than forty years of scholarly contributions to the study of Islam and Muslims in Europe. The fourteen articles move through conceptualisations, productions and explorations of the multitudes of Muslims in Europe, and the authors draw on Jørgen S. Nielsen’s own work on the history and challenges of the Muslim community in Europe, critical thinking, ethnicities and theologies of Muslims in Europe, Muslim minorities, Muslim-Christian relations, and on Islamic legal challenges in Europe. Contributors are: Samim Akgönül, Ahmet Alibašić, Naveed Baig, Safet Bektovic, Mohammed Hashas, Thomas Hoffmann, Hans Raun Iversen, Göran Larsson, Werner Menski, Egdūnas Račius, Lissi Rasmussen, Mathias Rohe, Emil B. H. Saggau, Jakob Skovgaard-Petersen, Thijl Sunier, and Niels Valdemar Vinding.
For centuries, Muslim countries and Europe have engaged one another through theological dialogues, diplomatic missions, political rivalries, and power struggles. In the last thirty years, due in large part to globalization and migration from Islamic countries to the West, what was previously an engagement across national and cultural boundaries has increasingly become an internalized encounter within Europe itself. Questions of the Hijab in schools, freedom of expression in the wake of the Danish Cartoon crisis, and the role of Shari'a have come to the forefront of contemporary European discourse. The Oxford Handbook of European Islam is the first collection to present a comprehensive approach to the multiple and changing ways Islam has been studied across European countries. Parts one to three address the state of knowledge of Islam and Muslims within a selection of European countries, while presenting a critical view of the most up-to-date data specific to each country. These chapters analyze the immigration cycles and policies related to the presence of Muslims, tackling issues such as discrimination, post-colonial identity, adaptation, and assimilation. The thematic chapters, in parts four and five, examine secularism, radicalization, Shari'a, Hijab, and Islamophobia with the goal of synthesizing different national discussion into a more comparative theoretical framework. The Handbook attempts to balance cutting edge assessment with the knowledge that the content itself will eventually be superseded by events. Featuring eighteen newly-commissioned essays by noted scholars in the field, this volume will provide an excellent resource for students and scholars interested in European Studies, immigration, Islamic studies, and the sociology of religion.
Justice is considered the basic norm of human coexistence. Every legal order refers to the concept of justice, and Muslims also regard their religious norms (the Sharia) as offering just solutions to legal questions. But is the assumption that the Sharia is just merely an acceptance of a status quo correct? And is justice the necessary aim of the Sharia? In this volume, renowned scholars discuss these questions from different perspectives. In principle, the first normative source of Islam, the Qur'an, orders justice and fair conduct (Rohe). At the same time, an analysis of the concept of justice in the classical age of Islam (Ahmed and Poya) also shows that there existed ambivalent understandings of this concept. The relationship of the idea of justice in Islam to political questions (Ende), to war (Poya), and to modern reform (Mir-Hosseini) again confirms the importance of the concept for a critical reflection on traditional assumptions and existing circumstances. The discussion on the hijab in Western countries (Ladwig) shows paradigmatically how justice can regulate the relationship between the secular state and the Sharia. The essays in this volume endeavor to show that debates about justice, in Islam as well, express an underlying tension between the perception of an order as just on the one hand, and the feeling of injustice under the same order on the other. This discussion validates the idea that justice should be understood as a concept subject to a perpetual reexamination according to changing times and circumstances.
The book is accompanied by unique film material about the mufti of the last Sharia Court in Europe: Short film portrait of the Mufti of Komotini 3D impression of the courtroom of the Sharia court of Komotini 3D impression of the street side of the Sharia court of Komotini The only Sharia court that exists in Europe is located at the eastern tip of Greece. In this travelogue of his fieldtrips to the region, professor Maurits Berger gives a unique insight into the workings of that court. His encounters with Muftis, Muslims, and Christians are interspersed with background information and personal reflections on the larger issues, such as religious courts, Islamic law, Turkish-Greek politics, Islam in Europe, minorities, and human rights. This book is intended for anyone who is interested in today's issues of Muslims and Islam in Europe. The book is accompanied by unique film material about the mufti of the last Sharia Court in Europe.
Elisabeth Sabaditsch-Wolff is a woman caught up in extraordinary times. She has been hectored, vilified, persecuted and prosecuted for the grave offense of telling the truth about Mohammed and his "marriage" to a very young child as related in Islamic sacred literature. Her case has exposed the grave danger to freedom of speech (and thus, freedom of thought itself) in Europe. She fought bravely in the legal arena through the Austrian courts and on to the European Court of Human Rights to defend her freedom (and by extension the rights of all Europeans), to freely voice her opinion. She lost. In Europe, human rights are no longer thought to be intrinsic to the individual as a gift given by God, but are rather thought to be a gift of the state, which can be limited or revoked at will. This is a dangerous development and it could be coming to America. Her book serves as a warning call. It begins by relating her life's odyssey, living in a number of Muslim countries even as a young child. Her father served in the Austrian diplomatic corps. She was living in Iran when the Islamic Revolution broke out. Later, she too followed the path of diplomatic service and gained extensive experience working in the Muslim world. She was living in Kuwait when Saddam Hussein invaded. Elisabeth knows whereof she speaks. The second half of the book consists of expert analyses of her legal case by Robert Spencer, Clare M. Lopez, Stephen Coughlin, Grégor Puppinck, Christian Zeitz, Henrik R. Clausen, Christine Brim and Aaron Rhodes. These experts testify to the wrongness of the courts' repeated decisions and to the righteousness of her cause. Freedom of expression the basis for all freedom. There is no other freedom without it.
