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It seems that the shooting incident that led to the killing of 13 American soldiers and the injury of more than 30, committed by a Muslim American Major, will have reflections on the conditions of the Muslims in the West, especially in the United States. Although the military base where the incident took place, namely Fort Hood, witnessed in the past many violent incidents committed by soldiers against their fellow soldiers, this incident, might to a great extent, confirm a reading that shows that the intellectual structure of the Islamic matrix contains violence complex, that Islamic perimeters are bloody and that the spread of "Islamophobia" in Western societies is justifiable.
However, what took place in Texas raises a number of questions about the major intricacies regarding the optimum juristic movement for Muslims to follow in the critical local and international context and the state of religious polarization witnessed by the world. This state is clearly manifested in the revival of religions and the growth of the subsidiary identities and cultural distinctiveness, along with their impact on the development of frictions between the followers of different religions and creeds, be it at the national, regional or international level.
This incident also raises questions about the impact of international tensions and conflicts on the development of different identities that suffer from marginalization, pressures and violence and the inclination of some members of these identities – under certain pressures – to carry out "reprisals" against the main identity which contains them and to assume a violent and irrational clash with it.
It seems as if material and physical laws are reflected in such experiences which the world has often witnessed; where some individuals resort to bloody demonstration against such policies. However, the way out is not through imposing increased suppression and pressure on these identities or through segregating them, rather, a safe way out could be through reducing the intensity of regional and international pressures and attempting to administer justice internationally.
This would encourage the development of areas of tolerance and understandings in the social field and would reduce the inflamed boundaries between different cultures and identities and among the followers of different religions.
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This incident also shows the amount of pressure endured by Muslims around the world, whether in countries where they constitute a majority – where the United States and the West support dictatorial systems – or in countries which the West occupies and commits the most heinous atrocities ever witnessed in history. This is similar to what is taking place in Iraq and Afghanistan of enormities committed by the American army against armless civilians. Interestingly, the American army offers psychological care for returning soldiers who participated in committing such atrocities. So, how then would be the state of the victims of these atrocities?
Cultural and Integration Crisis
No doubt that there is an identity crisis suffered by Muslims in the West, in the United States and in countries where Muslims represent a minority in front of predominant, prevailing and powerful cultures. This, in turn, creates an affiliation and an integration crisis which this minority suffers from.
These crises come to light at times when cultural values of a minority comes in close contact with a majority cultural identity which tries to contain it or clash with it. This creates a state of congestion and an impasse which is aggravated by the succession of hostile incidents and the neglect of releasing the anger contained within the souls of subsidiary communities. This could be achieved through genuine and fair policies and not through political dreams that contradict the reality which such minorities are living. This is very manifested in the Texas incident.
Moreover, initial reports about the incident indicate that Major Nidal Hasan (the suspect), who was born and lived in the US all his life, had asked his lawyer for a military discharge and offered to repay the cost of his medical training that was paid by the American army.
Fiqh of Minorities and Challenges Ahead
| It is necessary to focus the attention of such minorities on the specialty of their experience in developing and maturing the way of living Islam in the West through work, achievement and integration in their societies and making a positive influence there. |
This incident surely brings to discussion the issue of "Fiqh of Minorities" and the impacts of individual acts of Muslim minorities—as a reaction against genuine forms of injustice—on the future of these minorities. Also questions have been raised following the war in Afghanistan and Iraq about the legitimacy of a Muslim soldier's participation in the US war in Iraq and Afghanistan in which the lives of Muslims defending their lands are undoubtedly endangered.
In spite of the conflict in fatwas of those approving and those disapproving it, some professors of political sciences are of the opinion that none of those issuing fatwas bothered to inquire about the American constitution which grants the soldier the right to opt out of going to war if he believes such a war contradicts with his beliefs and what he deems to be right.
An important book written by Dr. `Abdul-Majeed Al-Najjar, Fiqh Al-Muwatanah Lil Muslimin Fi Europa [The Fiqh of Muslim Citizenship in Europe], skillfully discusses the 'Fiqh of Consequences' or 'Consequences of Actions'.
To further explain this fiqh; it is a general ruling issued –for a certain deed or action- considering the consequence upon applying them, aiming at the fulfillment of benefits and interests. Thus, if it turns out that the interest is not fulfilled, due to any peculiarity, the related act is then excluded from the general ruling established for it and we then turn to another ruling through which the Shari`ah objective is fulfilled.
This is in line with Al-Shatibi's saying, "Considering the consequences of deeds is a valid Shari`ah objective", since this base is linked to a significant rule, namely "Sadd Al-Dhara'i`" (blocking the means to evil). This matter should be considered in fatwas and Shari`ah rules related to Muslim minorities.
Accordingly, Muslims and scholars living in the West have spacious horizons to deal with life issues with all its complexities and intricacies. Perhaps, this is what Dr. Salah Sultan – former President of the Islamic American Open University - confirmed regarding the issue of contradiction between identity and citizenship (nationality) for Western Muslims, indicating that there are two approaches in dealing with this issue and that both are unacceptable in the scale of Islamic Shari`ah. Those two approaches are:
First. An approach that is excessive in preserving the native (cultural) identity in a way that produces some sort of dissociation from the country where they live. Some parents strictly maintain the cultural identity in a way that does not allow the child to develop a sense of belonging to the land where he/she was born and is living.
Second. An approach that adopts full patriotism towards the homeland even if this contradicts established beliefs and principles.
Here, Dr. Sultan affirms that Muslims in the West have not exhausted the legal tools and methods which allows removal of such contradictions and opposition between affiliation with the identity of the Muslim Ummah and the sense of belonging - as citizens – to the countries where they are living.
Perhaps this incident drives our attention to the necessity and dire need for fiqhi (juristic) opinions that relieve the conscientious pressures and pains suffered by Muslim minorities in the West. It is necessary to focus the attention of such minorities on the specialty of their experience in developing and maturing the way of living Islam in the West through work, achievement and integration in their societies and making a positive influence there.
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