2010
DOI: 10.1017/s0020743810000760
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THE POWER OF EUROPEAN FATWAS: THE MINORITY FIQH PROJECT AND THE MAKING OF AN ISLAMIC COUNTERPUBLIC

Abstract: This paper seeks to understand and contextualize the work of the European Council for Fatwa and Research, an institution committed to the elaboration of a fiqh of minorities through the production and dissemination at regular intervals of fatwas for Muslims living in Europe. Drawing closely on the work of Michael Warner, I suggest that the minority fiqh project may be best understood as the result of a performative conjunction between a particular tension—the tension between the cultivation of a pious subjecti… Show more

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Cited by 9 publications
(10 citation statements)
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“…6 Longer discussions on the malleability and construction of fiqh (Islamic jurisprudence) in minority populations did not have a necessary 'soundbite' quality to counter the IICJ. Even if, following the spirit of what Tariq Ramadan calls "the building of the Muslim personality in the West" ( [22], p. 7; see also [31]), a number of imams in the GTA have worked together to contextualize Islamic law for a Canadian Muslim minority situation and develop a fiqh for minorities, positioning family law for all Muslims in Ontario at the moment of the debate was 6 The Muslim population in Canada in 2001 was 36.7% South Asian, 21.1% Arab, 14.0% West Asian, and 14.2% were part of other minority groups (not including the small percentage of Chinese, Black, Filipino, Latin American, Korean, and Japanese Muslims; [26]). PEW's 2010 estimations suggest there were just under 1 million Muslims in Canada or 2.8% of the entire population [27] The most recent reliable data predict that by 2017, the Canadian Muslim population will be approximately 1.6 times the 2001 population of 579,645 (see [28,29]) and that by 2030 the population will be approximately 2.7 million, or 6.6% of the Canadian population [30].…”
Section: Contextmentioning
confidence: 99%
“…6 Longer discussions on the malleability and construction of fiqh (Islamic jurisprudence) in minority populations did not have a necessary 'soundbite' quality to counter the IICJ. Even if, following the spirit of what Tariq Ramadan calls "the building of the Muslim personality in the West" ( [22], p. 7; see also [31]), a number of imams in the GTA have worked together to contextualize Islamic law for a Canadian Muslim minority situation and develop a fiqh for minorities, positioning family law for all Muslims in Ontario at the moment of the debate was 6 The Muslim population in Canada in 2001 was 36.7% South Asian, 21.1% Arab, 14.0% West Asian, and 14.2% were part of other minority groups (not including the small percentage of Chinese, Black, Filipino, Latin American, Korean, and Japanese Muslims; [26]). PEW's 2010 estimations suggest there were just under 1 million Muslims in Canada or 2.8% of the entire population [27] The most recent reliable data predict that by 2017, the Canadian Muslim population will be approximately 1.6 times the 2001 population of 579,645 (see [28,29]) and that by 2030 the population will be approximately 2.7 million, or 6.6% of the Canadian population [30].…”
Section: Contextmentioning
confidence: 99%
“…What has happened to custom, adat, riwaj, and urf? 44 The relative lack of academic analysis of the fate of this type of unofficial law (see however Ballard (2006) strongly arguing for the importance of custom) typifies other discussions of Muslim legalities, whether we are speaking of a rethinking of Muslim law with respect to recent initiatives to provide fatwa guidance to European Muslims (Rohe 2007, 137-165;Caeiro 2010) or the manner in which inter-maddhab surfing occurs in cyberspace (Yilmaz 2005b;Ali 2010). Part of the reason may lie in the rather reluctant manner in which Islamic jurisprudence has historically acknowledged custom (Libson 1997).…”
Section: Pursuing the Pagansmentioning
confidence: 99%
“…(p. 38). In the UK, this process also appears connected to larger processes of social change and intergenerational shift (Caeiro 2010). This shift from the first generation of Muslim immigrants to subsequent generations of British Muslim citizens can be broadly described as a shift from a 'lived Islam' to a 'constructed Islam' (Babès 2004), and it inevitably encompasses the search for religious authority and 'true' Islamic identity.…”
Section: Islamic Law In the Ukmentioning
confidence: 99%