Summation


 

Summation

International Conference on

Jurisprudence of Minorities in the Light Of the Objectives of Islamic Law

(Maqasid Ash-Shariah)

Identity and Integration

 

Organized by

the Muslim World League

in cooperation with

the International Institute of Islamic Thought and Civilization

and

The department of Fiqh and Usul al fiqh- International Islamic university Malaysia

 

21-23/11/1430H corresponding to 9-11/2009

Kuala Lumpur – Malaysia

Renaissance Hotel

 

 

بسم الله الرحمن الرحيم

 

Praise be to Allah Lord of the worlds and peace and blessings be upon the seal of the prophets and messengers, who was sent a mercy to all mankind.

 

With the help of Allah and His divine guidance, the works of the conference.   “Jurisprudence of Minorities in the Light of the Objectives of Islamic Law (Maqasid Ash-Shariah): Identity and Integration was concluded The Muslim World League in cooperation with the International Institute of Islamic thought and Civilization convened the conference which was held on 21-23/11/1430 H corresponding to 09-11/11/2009.

His Royal Highness Majesty Sultan of Pahang Hajji Ahmad Shah Al-Musta’in Billah Ibn Al-Marhum Abu Bakar Ri’Ayatuddin Al-Muadzam Shah   graced the opening of the conference with a speech. He lauded the importance of the topic and appreciated the Muslim World League’s interest in such topics, and talked about globalization and its influence on Muslim minorities and other      religious denominations.        

 

In his turn, the Secretary General of the MWL, His Excellency Dr. Abdullah Bin Abdelmohsin AlTurki addressed the conference. He praised the renaissance witnessed by Malaysia. He thanked the government for allowing the conference to be held on its soil. He also emphasized the Muslim World League’s interest in the issues of   Muslim minorities which constitutes an important part of the Islamic Ummah.

 

His Excellency, Dr. Syed Arabi Idid Rector of the International Islamic University gave a speech. He lauded the efforts of the Muslim World league and welcomed the conference participants.  

 

The participating scholars in the conference mentioned that diversity in cultures, races and religions is one of the manifestations of the will of Allah, and one of His signs of creation. Allah says:{O! you people, We created you from a male and female, and made you into nations and tribes, so you may know each other; the best among you in the sight of Allah is the most righteous}(Sura, Alhujurat,13)

He also says :{ Among His signs, the creation of heavens and earth, and the difference in your language and colors} (Sura, Al-Room, verse 22).

 

They discussed the following themes:

1 - Relationship problems of Muslim minorities and the non-Muslim societies in which they coexist with.

2 – Muslim minorities and the issues of dawah, education, culture and economy.

3 - Muslim minorities and their legal and political issues.

4 – Muslim minorities and personal status.

5 - Muslim minorities, worship, Ifta and judicial matters.

6 – Muslim institutions and their significance to the society of Muslim minorities.

 

The researchers reviewed the challenges and problems facing the Muslims in a non-Islamic world. They discussed means and ways of dealing with them in manners that enhance their ties to Islamic culture and   strengthens their adherence to Islam both in belief and shariah. They sought solutions to safeguard their characters    from   assimilation and from dissolving into other cultures.

The researchers stressed the following matters:

1 – The Muslims are one single body and one single Ummah- despite their diversity of culture and language. {Indeed the Muslims are brothers} (Sura, Al-Hujurat; verse 10). {And hold all fast in the rope of Allah, and don’t go astray} (Sura Al-Imran, verse 102). This fact should be a cause for      greater communication and interdependence with the Muslim world. It should achieve the feelings of fraternity and strengthen allegiance and belonging to Islam.   

2 – Muslims living in non-Muslim countries constitute a high percentage in different parts of the world. They are   committed and adhere to Islam, although they come from various countries. This fact is in itself is an invitation to care for and help them deal with the problems they face. It will enable them as well to live in accordance with Islamic laws. Furthermore, it will also give the Muslims in their countries, the chance to benefit from their experiences to enrich the Muslim Nation as a whole.

3 - Islam is Allah’s message to the worlds; it is for all mankind :{ Say O! You people, I am the messenger of Allah to you all} - (Sura Al-A’araf; verse 158). Thus, Muslims living in non-Muslim countries contribute to the universality of Islam by their adherence to it, spreading and defending it. 

4 - Allegiance to Islam does not prevent a person from belonging to his homeland, even if the majority of his countrymen are not Muslims. Work and cooperation with one’s non-Muslim compatriots to achieve advancement and prosperity for their country doesn’t contravene the precepts of Islam. Good treatment towards them that demonstrates Islam’s fair values of kindness and care to human and Allah’s honor for him will endear the Muslims to them.

5 – Islam looks after and cares about different human populations. It guarantees full rights to    non-Muslims living in Islamic societies.

6-  Muslims who live in countries where Muslims are a minority are encouraged to carry out more constructive cooperation and cultural relations with dominant cultures in their societies. They should collaborate with them in joint and common human endeavors.  {And help one another in acts of kindness and taqwa; and do not help one another in acts of sins and transgression} (Sura, Al-Ma’ida, verse 2).

 

At the end of the conference, the participants reached the following points of agreement:

 

First: Islamic Communities

The conference appreciates the aspects of the fruitful and positive coexistence between Muslims and their countrymen based upon tolerance and understanding; and call on every Muslim community around the world to the following:

1-   To adhere to Islam according to its moderate stance. They should set a model of good behavior and an example of good ethics. They should be the image of honesty, truthfulness, cooperation; to fulfill their covenant and keep their promises.

They should bridge the gap between them and others through the channels of dialogue and communication.   

2-  To exert more efforts in spreading and introducing Islam to others and to counteract slander and libel leveled against it. To disseminate it in other cultural environments. To remember and evoke the awesome Islamic civilization during its leadership in the March of the human civilization. To follow   lofty ideals that enhance relationships between different classes of society based on Islamic foundations calling for justice, compassion and cooperation to do good.

3-  To avoid being drawn into nationalistic or racist tendencies; to keep away from ideas and notions that weaken the unity of Muslims, or impede their cooperation with the societies they live in.

4-  To open up to neighboring communities and initiate   dialogues with representatives of other different faiths and cultures. To cooperate with them without prejudice to the Islamic identity. To benefit from the Initiative of the Custodian of the Two Holy mosques King Abdullah Bin Abdulaziz Al-Saud, on dialogue and the human principles contained therein.   To participate in serving society through trade and vocational unions and civil associations. To learn and benefit from successful experiences of some other minorities.

5-  Be an outstanding active party to solving any problems in their societies, as well as solving their own. Positive attitudes among Muslim communities should be encouraged.

6- To strive to achieve community integration with non-Muslims at work and  development, while preserving Islamic distinct characteristics. This process is achieved by remaining steadfast on religious and moral grounds as decreed by Islam in a manner so that integration at work should not jeopardize Islamic traits.

7- To seek, through legal means, to change any existing laws in the field of employment that contravene Islam in countries  with minorities in matters pertaining to Muslim laborers.      

8- To create Islamic institutions specifically geared to care for woman, children and youths according to Islamic perspective. To communicate with the Muslim World League’s International Islamic Body for the Family and Child    and   any other relevant Islamic institutions.

9- To harness cultural advancement and modern technologies for the  benefit of their communities.

10-  Communities of Muslim minorities should complement each other efforts in matters of education. They should put more emphasis on coordination and cooperation among themselves and establish foundations to deal with these issues.

11- To organize cultural and intellectual competitions aimed at helping   children of Muslim minorities to assume future religious and social responsibilities in their countries.

12-  The establishment of high Islamic Councils in the countries of minorities representing all local institutions and associations; in order to unite the Muslim ranks and improve their cooperation with   the government  and people of their countries.

 

Second: Fiqh Councils

The conference reviewed the efforts of the Fiqh councils in the Islamic world. It called on them to pursue their efforts at looking into the issues of Muslim minorities to live islamically at ease   without religious hardship. The participants in the conference recommended the following:

 

1-  Make the Muslims aware of their religious, cultural, social and economic rights, and The national constitutions of the countries where they live guaranteed them these rights.

2-  To be mindful of the dimensional intention (maqassid) in dealing with the problems of Muslim minorities.

3-  The balance between fiqh of allowance (Tarkhees) and the fiqh of authentication and authorization (Ta’seel and Ta’sees) when dealing with the issues of interest to the Muslim minorities. This will help them maintain their own identities and integrate positively with  their communities.

4-  To prepare fiqh studies dealing with special issues in the life of Muslim minorities. These should suggest solutions to   problems that would meet their needs in matters of worship (Ibadat) and transactions (Mua’malat). Scholars from countries of minorities should take part in these efforts as much as possible.   

5-  To cooperate and coordinate with Ifta centers and their institutions in the world.    To seek solutions to all problems and to examine new fiqh developments while taking into account the fiqh of priorities. To pay attention to   reality and its temporal and spatial characteristics. 

6- To call on the Muslim World League’s Islamic Fiqh Council to put a plan or a program specifying the minorities’ needs and the problems they encounter. To discuss these with the fiqh Councils and relevant Islamic organizations.

7-  As this conference was convened by the Muslim World League’s Islamic Fiqh Council, the participants wish that it would nominate a Shariah specialized committee with knowledge of Muslim minorities to discuss the outcome of this conference. The results should be submitted to the Council to take the necessary steps.. 

 

Third : Countries of minorities

The Conference discussed the phenomenon of intolerance and racism in the form of attacks on Muslim minorities in some countries. These, aim at obliterating the cultural identity of Muslims under the pretext of maintaining national unity. The participants requested that countries where Muslim minorities live to do the following:

1-  Enable the Muslims to perform their religious rites and to establish their educational and social institutions that maintain their religious and cultural characters.

2-  To stop the smearing campaign against Islam and respect the feelings of their fellow Muslim citizens.

3-  To look at Muslims as rightful citizens enjoying equal rights with duties towards developing their country, and deal with them indiscriminately.

4-  To give Muslims the same religious, social and political freedom enjoyed by their fellow citizens.

5-  To keep in touch with the Muslim world. To enhance contact with international Islamic institutions in order to serve minorities in a way that neither contravenes the national interests nor international agreements. 

 

Fourth: Islamic Countries

The Conference stressed the importance of supporting Muslim minorities around the world. This should be done in a manner that protect them from losing their identity and smear their culture. In addition the Conference calls on all Muslim countries to support them by making them a positive and influential force in their societies and a true image of Islam. This will be achieved through the following:

To support persecuted Muslim minorities in some countries, where the Muslims face false accusations, extra judicial killings and incarceration although they are fulfilling their citizenship rights.
Providing Muslim communities with the translated   meanings of the Glorious Qur’an and to supply them with books that explain Islamic rules in local languages.
To contribute in establishing Islamic schools and institutes that would meet the needs of the Muslims. To support and assist them in building mosques orsecuring places of worship in cities where there are none. In order to achieve self-suffiency, we should cooperate with them to establish an endowment (Waqf) for mosques and Islamic centers.
To increase scholarships at Islamic universities for the sons of minorities as a contribution to prepare preachers, teachers and those who are fluent in the Arabic language. To accept those belonging to Muslim minorities in the universities of the Islamic world; to expand the scope of scholarships to include studies of Religious and Arabic sciences.
To protect the Muslims from hatred, persecution and racial and religious discrimination. To put a halt to the violations of their rights and to espouse their causes in international forums in cooperation with Muslim governments and organizations.
Supporting the programs of the family, the women and the children in communities of Muslim minorities. To help them set up human and cultural development programs.
To cooperate with these minorities in organizing joint Islamic, cultural and educational activities.
To provide support to the media, newspapers and magazines printed by Islamic minorities institutions in order to spread Islamic awareness and to deal with challenges facing the Muslims.
The preparation of qualified preachers, Imams and teachers among those  educated and graduated from Islamic Shariah. To encourage them to work in Islamic institutions, centers and councils.
 

Fifth : Islamic Organizations

The participants in the conference commended the efforts exerted by Islamic organizations, the Muslim World League in particular, in dealing with the affaires of the Muslim minorities. They called on them to continue these efforts and recommended the following:

 

1 -   To look into establishing a council or institution to deal with the issues of personal status within Muslim minorities. To arbitrate in disputes based on Islamic shariah with a holistic vision. This will position these rulings for argument to judicial bodies within the Muslim world.

2 -    To strive to retrieve mosques that have been confiscated in some of the countries of Muslim minorities.

 

Sixth: Al-Quds and the Aqsa Mosque

The International Conference on Jurisprudence of Minorities in the Light of the Objectives of Islamic Law (Maqasid Al-Shariah), coincides with a sharp escalation on the city of Al-Quds Al-Sharif, especially the Aqsa Mosque, which Allah blessed its surroundings. These are matters of illegal and inhumane behavior. The participants expressed their deep concern about the future of the Muslims living in Al-Quds: They might become a vulnerable minority due to   continuous operations   by Israel’s destruction of homes, burning their farms and depriving them of their livelihood by force thus causing them to  leave their occupied land.

 

The Conference appealed to the OIC to implement its decisions, which has stressed several times the necessity of putting a joint Islamic strategy to free Al-Quds from occupation. To protect the Aqsa Mosque from any from of transgression. It has also appealed to the international community and its organizations to work towards implementing these international decisions.

  

At the end of the conference, the participants expressed their thanks and appreciation to the Sultan of Pahang for his inaugural speech at the opening session. They   thanked His Excellency Doctor Syed Arabi Idid, Rector of IIUM. They also thanked His Excellency Professor Dr Ibrahim Mohammad Zein, the Dean of the High Institute of Islamic thought and Civilization and Dr. Mek Wok Mahmud for their great cooperation in holding this conference. They thanked  the MWL for its interest.

They expressed their thanks and appreciations for the efforts of the Custodian of the two Holy Mosques King Abdullah Bin Abdulaziz Al-Saud and the Crown Prince for serving Islam and achieving solidarity and cooperation among the peoples of the Ummah and its institutions. They   expressed their support  for hid royal  initiative on dialogue. The stressed the fact that it is one of the most important means that will help Muslim minorities to perform their duties and cooperation with the followers of other religions and cultures in order to protect and safeguard their legal rights. They hailed the Kingdom of Saudi Arabia under his leadership and its keenness to cooperate and coexist peacefully with all nations of the world.

Peace and blessings be upon our Prophet Muhammad, his household and all his companions. With Allah lies success.

 

Kuala Lumpur

23/11/1430 H

11/11/2009