Need for an American Fiqh?

12.6 Need for an American Fiqh?

The development of a Fiqh tailored towards the Muslims of North America has been of recent discussion in some Muslim organizations. The justification for “American Fiqh” is two fold. First, the arguement is that the old Fatwas are no longer applicable and reinterpretations are necessary in order for Islam to be applicable to America. Secondly, that Muslims in America face problems, which never existed before, and the solutions to these problems have to be applicable to those specific problems that are faced in America.

In two well known publications, Islamic Horizons and the Muslim, the idea of an “American Fiqh” was discussed. Some of the points mentioned in the publications are the following:

In Islamic Horizons (Volume # 17: Jan - Feb 1988) an article entitled “Legists, Law, and the Wild West” discusses,

1 . The need for an “American Fiqh” to address problems faced in North America.

2. The gap of understanding existing between the scholars overseas and those in North America due to the nature of the problem faced by Muslims in America.

Thus, the scholars from overseas are not qualified to issue rulings.

These points lead to the argument that Muslims need a new framework for a Fiqh oriented towards America. This is necessary in order to answer such problems as

a woman accepting Islam while her husband remains a non-Muslim and issues surrounding adoption, child abuse, wills, inheritance, and burials.

In the Muslim Journal (May 6, 1994), an article by Imam Vernon M. Fareed entitled “Conference on Unity in Islamic Thought in America”, discusses the establishment of a

new Madhab as it was a topic of an Islamic conference in Ohio.

In that conference, Imam W. D. Muhammad suggested that all Muslims in his association have to make Salat in a uniform manner. It was agreed upon in the conference to research various areas of importance associated with Salat, such as the position of the woman when praying behind her husband, the number of Sunnah prayers to be performed before and after the Fard prayer, the Janazah prayer, Taraweeh prayer, etc.

Many other topics, such as Tawheed and devotions, were also suggested for research.

The arguments used to justify “American Fiqh”, such as the need for Ulema “groomed” in America or reinterpreting the Shariah so as to make it applicable in America are

emanating from a defeated mentality and an un-Islamic perspective.

From the Islamic perspective, the locality of the Mujtahid does not validate or invalidate his Fatwa. This has never been a prerequisite for issuing a Fatwa. By definition, the Mujtahid, whether living in America or in the Sahara Desert, has to be versed in the Shariah as well as the problem before issuing any ruling. If a Mujtahid in Egypt was able to understand the problem correctly, his ijtihad would be acceptable. Our discussion, therefore, should be limited to the ability of the Mujtahid rather than his locality.

An issue such as an American woman accepting Islam while her husband remains a non- Muslim is not a new issue. This problem occurred at the time of the Prophet (saaw) when his (saaw) daughter Zaynab (ra) accepted Islam while her husband remained a non- Muslim. Therefore, in order to solve this problem today, we need to go back to the legal texts and study them in order to acquire the Islamic ruling. This applies to all other issues as well.

With regards to issues involving adoption, wills, inheritance, and burial, these have rules which are discussed extensively in Islam and cannot be changed for the new problems, this requires a Mujtahid to extract rulings whether the problem happens in the East or the West.

Regarding the issues of Salat or Tawheed, which were mentioned in the American Journal, these are rules which are well defined and set. There are differences of opinion

in performing the Salat, but this is only due to the fact that the Prophet (saaw) used to perform it in more than one way. Geography is an irrevievant issue when it comes to the method of the Salat.

The idea of an “American Fiqh” is an alien concept which seeks to distort the nature of Islam. The Shariah is being treated as a “Alickey Mouse law” rather than that of Allah, the Supreme. This is a result of a defeated mentality which seeks to change the Shariah to fit the society rather than changing the society to conform to the Shariah.

Does not the Seerah of Prophet Mohammed (saaw) inspire in us the motivation to change the circumstance to apply what Allah (swt) ordered? If Muslims are allowed to reinterpret the Shariah according to the environment, we will no longer need the Shariah from Allah (swt) to organize our lives. This amounts to nothing short of assuming the role of the Sharii (legislator), Allah (swt)!

Even though we have Hanafi, Shafii, Maliki and other schools of Fiqh, none of the founders of these schools developed their Fiqh based on their environment. This is a new idea propogated as a stepping stone towards a new Islam, one that is based on an “American Fiqh” and an American Aqeedah. The differences in Fiqh amongst the Mujtahideen was due to differential understanding of the text of the Quran and Sunnah, not the reinterpretation of the Shariah to conform with the environment.

The Muslim Ummah does not need an “American Fiqh” because the term itself is wrong. There is no Egyptian, Pakistani, American or Palestinian Islam in order to have a

Egyptian, Pakistani, American or Palestinian Fiqh. There is only one Islam and only one

Fiqh!