1
The Internet and the Construction of Islamic
Knowledge in Europe
Vít Šisler
Charles University in Prague
Fiqh ­ The Islamic jurisprudence
Fatwa ­ Legal opinion or advice
Mufti ­ The authority entitled to issue fatwas
Islam Online
URL: www.islamonline.net
Operates from: Cairo, Egypt
Registered: Doha, Qatar
Mufti(s): Yusuf al-Qaradawi, European Council for Fatwa
and Research, Fiqh Council of North America, al-Azhar
graduates, etc.
Construction of Islamic Knowledge in Cyberspace
Title of Fatwa: Having a Second Wife in Western Countries
Date of Reply: 08/May/2005
Topic Of Fatwa: Polygamy
It is known that polygamy--more correctly, polygyny--is
allowed in Islam. I would like to know the point of view of Islam
if a Muslim living in a Western country, where polygamy is
regarded unlawful, has to have a second wife due to some
reasons.
In the Name of Allah, Most Gracious, Most Merciful. All praise and thanks
are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner! Thank you for your question and the confidence you
place in our service and we pray to Allah to enable us render this service
purely for His Sake. Islam is a way of life consonant with nature, providing
human solutions to complex situations and avoiding extremes.
The prominent Muslim scholar, Sheikh Ahmad Hulail, imam of Tariq ibn
Ziad Mosque in Frankfurt, Germany, states:
The Muslim who has a second wife has to follow the channels
of law in order to legalize his second marriage in the country
he lives in.
There are some Muslim brothers who did so through the legitimate
channels. They submitted documents to the European countries they
reside in to the effect that they have second wives according to the
Islamic Law and that the first wife agrees to that.
If the attempts to legalize the second marriage fail, the person
could document his (second) marriage in one of the Islamic
centers, yet, his marriage then would not be regarded
legitimate under the law of the country concerned.
There are some flexible European laws concerning registering names of
the children born even from illegitimate relationships.
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The prominent Muslim scholar Dr. Jamal Badawi, professor at Saint
Mary's University in Halifax, Nova Scotia, Canada and member of the
Fiqh Council of North America, adds:
A Muslim living in a non-Muslim society is obligated to follow
the laws. We cannot say that their laws are contrary to the
Shari`ah, so we have to follow the Shari`ah. Taking a second
wife is not a necessary requirement; there is no mandatory
duty on the Muslim to have a second wife.
If a person has become a resident or a citizen in a European country, it is
a condition for him to abide by its laws. When a Muslim man in a
European country sticks to not having a second wife, it is like giving up a
particular right according to his own Shari`ah.
Allah Almighty knows best.
Fatwa Online
URL: www.fatwa-online.com
Operates from: Saudi Arabia
Registered: Medina, Saudi Arabia
Mufti(s): Saudi Arabian Permanent Committee for
Research and Fatawa
Construction of Islamic Knowledge in Cyberspace
Divorce procedures in non-Muslim countries
Question: If a man living within a Muslim minority community
in a non-Muslim country wants to divorce his wife, should he
follow the divorce procedures of that country, which controls
and enforces its own law or should he follow divorce
proceedings laid down by Islaamic law?
Response: It is not permissible for a Muslim to follow, either in his worship
or in his dealings with others, other than what is laid down in Islaamic law.
It is not permitted for the Muslims to request a legal decision
from anyone who does not judge according to the Book of
Allaah and the Sunnah of His Messenger (sal-Allaahu `alayhe
wa sallam).
Ask the Imam
URL: www.ask-imam.com
Operates from: Campertown, South Africa
Registered: El Segundo, California, US
Mufti: Ebrahim Desai
Construction of Islamic Knowledge in Cyberspace
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Al-Azhar
URL: www.alazhar.org
Operates from: Cairo, Egypt
Registered: Cairo, Egypt
Mufti(s): Construction
of Islamic Knowledge in Cyberspace
Ijtihad
URL: www.ijtihad.org
Operates from: Falls Church, US
Registered: Newark, US
Author: Muqtedar Khan
Construction of Islamic Knowledge in Cyberspace
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askimam.com islamonline.net e-cfr.org
muslimmatch.com fatwa-online.com islamicity.com
What is the role and impact, if any, of the Internet based
muftis and online fatwas?
"The Internet has made everyone a mufti."
Muqtedar Khan
ijtihad.org
Islamonline.net
Dawoodi-bohras.com
al-Azhar
Askimam.com
Ukim.org
Bouti.com
Transnational public sphere
Essentialism and homogenisation of Islam
Global Islamic identity
Transnationalism
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Individualisation and privatisation of Islam
Minority opinion and marginalized groups
European Islamic authority for Muslim world
Authority
Shift to popular discourse
English as the interpretative language
Anonymity of questions
Discourse
Title of Fatwa: My Husband Does Not Satisfy Me in Bed: Can I
Masturbate?
Date of Reply: 11/Jan/2003
Topic Of Fatwa: Masturbation, Intimate relations
I am a married woman. If my husband does not satisfy me in
bed, is it permissible in Islam for me to masturbate and satisfy
myself?
He says he is satisfied and does not want to go to a doctor. I have
given up hope that he will ever accept the fact that he has got a
problem, so I have found a solution to this by masturbating because
I am very disturbed and in sexual need all the time.
I know Islam does not allow masturbation, but what is the
solution to my problem? At least I am not committing adultery.
Answering your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic
scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
First of all, we'd like to state that masturbation is generally
considered forbidden in Islam since it is deemed to fall under the
category of sexual satisfaction outside the framework of marriage.
However, when it is the only choice instead of committing the
major sin of Zina (fornication or adultery), one can resort to it
without exaggeration bearing in mind that he/she should do
his/her best to satisfy his/herself within marriage.
Sexual fulfillment is an important part of the mutual obligations of
husband and wife. If he cannot satisfy you through sexual
intercourse, he is perfectly justified in satisfying you through other
avenues; he could very well masturbate you; if he were to do this,
he is working within the perfect limits of Islam.
If in spite of your best efforts to convince your husband, he still
remains insensitive to your needs in this respect, you are justified
in taking whatever steps are necessary in terminating your
marriage, if you are unable to tolerate it.
Conclusions
Plurality of discourses does not inevitably leads to civic
pluralism
"Traditional" authorities later adopted new media ecology
The Internet contribute to the notion of Global Islamic Identity
Potential to the democratization of the decision making
process has to be supported by other factors
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Resources
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http://www.guardian.co.uk/archive/article/0,4273,4047913,00.html
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Transnational Cultural Identities. Postmodern Culture, University of Maryland,
1997. http://www.bsos.umd.edu/CSS97/papers/anderson.html
BRÜCKNER, M. Der Mufti im Netz. in LOHLKER, R., Islam im Internet, Neue
Formen der Religion im Cyberspace. Hamburg, Deutches Orient-Institut, 2001.
(CD-ROM)
BUNT, Gary R. Islam in the Digital Age: E-jihad, Online Fatwas and Cyber
Islamic Environments. London, Pluto Press, 2003.
BUNT, Gary R. Virtually Islamic. Cardiff, University of Wales Press, 2000.
www.virtuallyislamic.com
CAEIRO, A. Debating Fatwas in the Cyberspace. Sacred Media --
Transforming Traditions in the Interplay of Religion and the Media, Jul. 2003.
http://www.sacredmedia.jyu.fi/mainpage.php#caeiro
Construction of Islamic Knowledge in Cyberspace
Resources II
CAEIRO, A. The European Council for Fatwa and Research. Fourth
Mediterranean Social and Political Research Meeting, Florence, 2003.
http://ternisien.blog.lemonde.fr/ternisien/files/Caeiro.pdf
DAWSON, L. Cyberspace and Religious Life: Conceptualizing the Concerns
and Consequences. 2001.
http://www.cesnur.org/2001/london2001/dawson.htm
GLENN, D. Who Owns Islamic Law? The Chronicle of Higher Education, 25th
Feb. 2005. www.ijtihad.org/who-owns-Islamic-law.htm
JOHNSON, I. Islam and Europe: A Volatile Mix; Conflicting Advice: Islamic
Justice Finds a Foothold in Hearth of Europe. Wall Street Journal (Eastern
Edition), Aug. 2005: A.1.
KARAFLOGKA, A. CyberReligious Norms: Breaking Old Codes ­ Creating
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Construction of Islamic Knowledge in Cyberspace
Resources III
KHAN, Muqtedar. The Priority of Politics: The Tyranny of Legalism. 2003.
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MAMOUN, F. CyberResistance: Saudi opposition between globalization and
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124 ­ 147.
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discours dans ľislam européen contemporain. Paris, Maisonneuve-Larose,
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SISLER, V. Islamic Jurisprudence in Cyberspace: Construction of
Interpretative Authority in Muslim Diaspora. In Cyberspace 2005 conference
proceedings, Brno, Masaryk University, 2006.
http://uisk.jinonice.cuni.cz/sisler/publications/c_jurisprudence.htm
Construction of Islamic Knowledge in Cyberspace
Resources IV
TEITELBAUM, J. Dueling for Da'wa: State vs. Society on the Saudi Internet.
The Middle East Journal, 56 (6): Spring 2002: 222-239.
VAN BRUINESSEN, M. Making and unmaking Muslim religious authority in
Western Europe. Fourth Mediterranean Social and Political Research Meeting,
Florence, 2003.
http://www.let.uu.nl/~martin.vanbruinessen/personal/publications/making_auth
ority.htm
WAX, E. The Mufti in the Chat Room. The Washington Post, 31st Jul. 1999.
http://www.ijtihad.org/mufti.htm
Construction of Islamic Knowledge in Cyberspace
Thank you for your attention.
vsisler@gmail.com
http://uisk.jinonice.cuni.cz/sisler