Oppressed in the Land? Fatwās on Muslims Living under Non-Muslim Rule from the Middle Ages to the Present

TitleOppressed in the Land? Fatwās on Muslims Living under Non-Muslim Rule from the Middle Ages to the Present
Publication TypeBook
Year of Publication2013
AuthorsVerskin A.
PublisherMarkus Wiener Publishers
CityPrinceton, NJ
Does Islamic law allow Muslims to live under the rule of non-Muslims? Does it matter who the non-Muslims are? Does it matter how Muslims are treated? How does minority status influence the practice of Islamic forms of worship, charity, familial relationships, and community organization? What relationship should exist between Muslim communities who lack political selfdetermination and the authorities in the Islamic heartlands? Can there be an authentic Islam where the Shariʿah cannot be enforced?
This anthology includes translations of some of the key Islamic voices on these issues from the fourteenth century to the present. It includes fatwās (legal opinions) written in response to territorial losses to Spanish Christians and Mongols in the medieval period, the African territories of European empires in the nineteenth century, and Israelis in the twentieth century. It ends with a fatwā addressed to Muslims living in the United States at the end of the twentieth century.
” … the book will open up a range of source material to students in a readily accessible form. The more source material available for examination the better, and this volume gives a good overview of the approaches Muslims have taken over the centuries to the issue of living under non-Muslim rule, and the chronological and geographical delineations of the texts allows for an appreciation of how these have altered across time, place, and circumstance. This book should be used as a primary-text sourcebook for undergraduate courses on Christian–Muslim relations wherever the subject is taught.”—Islam and Christian –Muslim Relations (Magazine UK)


Fatwas and Muftis
Muslims under Non-Muslim Rule
Notes on These Thesis
1. The End of Muslim Spain
Al-Wansharīsī on the Leader of the Muslims of Christian Marbella
Al-Ramlī on the Muslims of Christian Spain
2. Rulers Who Falsely Claim to Be Muslims
Ibn Taymiyya on the Town of Mārdīn under the Mongols
ʿUthmān Ibn Fūdī and Hausaland .
Interpretations of Ibn Fūdī in the Age of British Imperialism in Hausaland
3. India
Fatwās in Favor of British Rule
Karamat ʿAli: British India Is the Abode of Islam
Sayyid Ahmad Khan: On the Ambiguous Status of India
The 1920 Hijrat to Afghanistan
The End of Calls for Migration from India
4. The French in North Africa
Ibn al-Shāhid on the Muslims of French Algeria
Fatwas Compiles by French Colonial Officials in Algeria
Muhamad b. Ahmad Illaysh on the Muslims in French Africa
Fatwās for the French
Fatwās for the French in Mauritania
5. The Birth of Minority Jurisprudence (fiqh al-aqalliyyāt) .
Rashīd Riā: On French Citizenship
Rashīd Riā: Must Muslims Leave Austro-Hungarian Bosnia? .
6. Minority Jurisprudence (fiqh al-aqalliyyāt) in the Twentieth Century
Al-ʿAlwānī: On Participation in the American Political Process .
Against Minority Jurisprudence–The Views of Saʿīd Ramaān al-Būī
Appendix: Israel/Palestine
Al-Albānī: On Remaining in Territories Occupied by Israel.
Al- Būī: A Refutation of Nāir al-Dīn al-Albānī on Palestine
Suggestions for Further Reading in English on Muslims under Non-Muslim Rule