Fikh Al-Uakia Dhe Minority
Fikh Al-Uakia Dhe Minority
The conference was convened in the United Kingdom to create an understanding of Islamic rules and
orders as far as the Muslim minorities are concerned. About twenty-six high-profile Islamic scholars
from various countries including the United Kingdom, Saudi Arabia, the United Arab Emirates,
Kuwait, Mauritania, United States of America, Germany, South Africa, Tunisia, France and Somalia
attended the conference, which was held at the historic Hunton Park Hotel Conference Centre,
Watford, Hertfordshire between 26 and 27 November, 2011.
Influential names such as renowned Sheikh Abdallah Bin Bayah, Chairman of the Global Centre for
Renewal and Guidance (GCRG), London; Dr. Abdullah Omar Naseef, President, World Muslim
Congress, Saudi Arabia; Mr. Shahid Malik former Justice Minister of the UK, Dr. Adel Abdullah Al-
Falah, Ministry of Awqaf and Islamic Affairs of Kuwait and Hamza Yusuf, Vice-Chairman of the
Global Centre were among the speakers. The conference ended with the issuing of a New Resolution
approved by all the delegates.
The Conference discussed three important issues, first of all, about the objectives of the conference;
secondly, about the Fatwa by Ibn Taymiyya on Dar-ul-Harb and Dar-ul-Islam and thirdly, the Islamic
rulings about Muslim minorities living in the east or in the west. I have the opportunity to interview
some of the scholars about those three issues. Among them were Dr. Abdullah Omar Naseef,
President, World Muslim Congress, Mr, Shahid Malik, former Justice Minister of the UK and Mr.
Aftab Ahmad Malik, who is currently pursuing Ph.D. looking into the theological origin of Al-Qaeda
and a global expert on Muslim Affairs of the United Nations Alliance of Civilizations and Mr. Jihad
Hashim-Brown, Director of Research at the Tabah Foundation in Abu Dhabi, UAE.
Dr. Naseef said, “So this workshop is to create better understandings and puts the Islamic order, to
make the Islamic community workable; you cannot force things. Islamic jurisprudence is very rich;
you can make volumes out of them; and what about this minority. There is nothing about the present
situation of minority. We have to create about this to make it easy; what is called is the verification of
the situation. We have to verify the situation before you pass the judgement or give them the Fatwa.
This is the process; we are at the beginning of the process. It needs cooperation, finance from different
Muslim countries, institutions and universities and so on. If you want to create awareness in our
Muslim countries; these institutions, organisations and universities of the Muslim countries should
take part in this urgent, practical study of the cases, deep research into the situation and so on.”
Dr. Naseef also mentioned, “This conference is a part of different workshops continuing. It is not an
easy job. It will take years to reach something recoverable to the communities but meanwhile we give
them our Muslim communities assurances that we have the capabilities and abilities and the will to
create the kind of situation which makes the Muslims happy living as minority in the east or in the
west, still something can be useful.”
In this connection he mentioned about the European Council of Jurisprudence. He said, “I think the
European Council of Jurisprudence have already started this process; they had a meeting last year and
every time they meet they produce a fatwa, carefully studied to give the Muslims confidence that their
Islam is rich with the solution which solves their problems.”
Dr. Abdullah Omar Naseef also told me in an interview, “Ibn Taymiyya said it is neither Dar-ul-Harb
nor Dar-ul-Islam. We have to co-exist; we have to recognise each other and we have to give rights to
everybody. So it is a long history. It happened because of distortion unintentionally.”
Speaking about the mistake, Mr. Aftab Malik said, “When the Fatwa was written, typed and produced
a manuscript some 700 years ago, a mistake in one word committed.”
A discrepancy has come up in some printed editions of the fatwa with regard to the final passage “The
Muslims living therein should be treated according to their rights as Muslims, while the non-Muslims
living there outside of the authority of Islamic Law should be treated according to their rights.” In
some printed editions, the text is corrupted to read: “…while the non-Muslims living there outside of
the authority of Islamic Law should be fought as is their due.”
This change in meaning is the consequence of the substitution of two letters in a single word. Instead
of the correct word yu`a¯mal (should be treated), the word is rendered yuqa¯tal (should be fought).
This typographic error changes the meaning of the phrase drastically.
Dr. Naseef said, “The Fatwa of Ibn Taymiyyah was printed in Egypt with an error of one word that was
a typing mistake. It is an Indian scholar who found the error and Sheikh Abdallah bin Bayah also
looked for the manuscript and in one of the manuscripts in Egypt Sheikh bin Bayah found the true
statement of Ibn Taymiyya which is everybody should be treated accordingly and so Muslims should
be staying with others.”
That typographic error in typing “forms the basis of many of the radical Islamists today. So people
wanted to justify their project or their idea that they have legality, they have a legal precedent, they
will cite the Ibn Taymiyya’s Fatwa to prove a legal precedent,” said Aftab Malik and observed, “A
number of implications arise from the Fatwa; the first and foremost is basing their understanding of
the type of misprint and the second aspect is a lot of individuals does not qualify they don’t
understand what Dar-ul-Harb or Dar-ul-Islam means. They have no background, no authority. As I
have said in my speech that these people have secular profession, not religious profession.
Unfortunately, we have inherited this madness. Those people who are inviting us to take these matters
have no qualifications to make the pronouncement in public. We are so illiterate religiously that some
of us listen unfortunately to what they say.”
Dr. Naseef said, “This is misunderstanding; this is misinterpretation and misuse of what they are
talking about Ibn Taymiyya’s Fatwa. This has harmed the Muslims everywhere.”
Mr. Aftab Malik also said, “Sheikh Abdullah bin Bayah offers us a hope; he offers a synthesis between
the text of our religious forefathers the great scholars but also the context. He understands some of
the Fiqh-an-Nas and the Fiqh-al-waqih. So he is a person who understands the jurisprudence of the
people but he also understands the context as well but unfortunately in the 20th century Muslims are
playing by the scholars who know the text but do not know context; and those who know the context
do not know the text.”
Mr. Jihad Hashim-Brown said about this Fatwa and Dar-ul-Harb and Dar-ul-Islam controversy was
the topic of the previous conference that took place in Mardin, Turkey two years ago. He said, “One of
the outcomes of that conference is that the pre-modern or medieval classification of states or regions
as being Houses of Harb (war) or Houses of Islam is no longer applies, there is no reason of
continuing applying that because international relations have become much more sophisticated; so we
need to take deep into that tradition and see that what instrument or methodology enable us to come
to success to get into it and viewing it going.”
Former Justice Minister also referred to another point of Sheikh Abdallah Bin Bayah’s speech, “One is
text and context. It is so important, and it sounds quite poetic as well; that’s why we fly hopefully. It is
really not just about the letter of the law but spirit of the law and there again it is really important
theme Insha Allah, for next December 2012.”
Mr. Malik also said, “I am sure Insha Allah with the leadership that is here and the leadership that will
be there at the 12/12/12 would get the kind of conclusion that Muslims all around the world are
looking for and Insha Allah that would lead to a better age for Islam and for Muslims.”
Mr. Aftab Malik said, “I hope that Sheikh Abdallah bin Bayah and his Centre, the Global Centre for
Renewal and Guidance (GCRG) start producing more policy directives; but you know it must be
coming down to the masses. Because we don’t want to restrict to policy makers but I think the average
person like myself like average Muslims we need to hear this because this gives hope.”
Mr. Hashim-Brown said, “The Global Centre for Renewal and Guidance was trying to reach deeply
into the instrumental methodology inherent sacred law, sacred knowledge and find and draw on those
dynamic methodologies to look at how we can find solutions to facilitate modern life in the
contemporary societies for Muslims whether they still adhere to their religion, Islam or often times
there are many obstacles challenges that are faced by Muslims the world over quite often in minority
situations in the west.”
He also mentioned, “It would seem that as though there is no solution but in fact there are solutions
and the mechanism to bring about new solutions are present in the traditions. So the ingredients of
renewal are there; we just have to draw on them. Sheikh Abdallah bin Bayah’s efforts is to present
some of these ingredients so said the methodology of renewal and draw people’s attention to them.
They might very well enable more enlightened Islamic discourse for Muslims living in the west. “
Mr. Hashim-Brown also said, “The effort that has put on this Conference is very important and every
little bit counts. It will have an impact in spreading an idea of grounded renewal of Islamic teachings
and possibilities for cooperative and productive relationships of Muslims with the societies, of which
they are members. So look like each event is extremely important because it pushes that
understanding forward and it brings in advises in new people and take those things out and promote
them to others. So it returns back to the very point you made that the people are hearing about that.
Each little bit counts.”
Former British Justice Minister Mr. Shahid Malik commented, “I think this kind of workshop would
lead to the conference in December next year or to give very strong guidance. But I also think there is
a need to empower Muslims to be better citizens in the countries where they live. That might mean
improving the quality of life and the participants better.”
Mr. Shahid Malik also said, “I also welcome this idea that Islam and Islamic principles are timeless in
the sense that you can apply them to modern times as well. They are not static.”
Former Justice Minister of the UK said, “My advice is that after the 12/12/12 whatever the conclusion
you come to, you should then do a road-show of this conclusion like in the UK, Road show in London,
Birmingham, to Leeds, to Manchester, to Sheffield, to Nottingham, to Coventry, to Bradford. We got
Muslim communities and talk about all these great scholars thought when they came together to
conclusions they came to and I think in that way you start make sure that it goes to the grassroots and
to the ordinary Muslims who can benefit from all these wonderful works taking place..”