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1

Blanchy, Sophie. "A matrilineal and matrilocal Muslim society in flux: negotiating gender and family relations in the Comoros." Africa 89, no. 1 (February 2019): 21–39. http://dx.doi.org/10.1017/s0001972018000682.

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AbstractNgazidja Island in the Comoros archipelago (in the south-western region of the Indian Ocean) is an example of a matrilineal and matrilocal Muslim society. This article addresses the various ways in which the Ngazidja people negotiate gender and family relations by referring to matrilineal or Islamic norms and values, and the influence of Islamic reforms and Western norms. Matriliny is linked to a local political organization based on an age system and a male political assembly. This link explains the specific way in which matrilineal and Islamic ideologies are linked. Marriage is ruled by Islamic law, but alliances between matrilineal descent groups follow other rationales. The existence of two matrimonial regimes illustrates this distinction. The conceptions of fatherhood produced in Ngazidja shed light on the key issue of male authority in matrilineal and Muslim contexts.
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2

Amalia, Euis, and Indra Rahmatullah. "Strategic Alliances between Sharia Microfinance Institutions and Financial Technology in Strengthening Small Micro Enterprises (MSEs)." IQTISHADIA 13, no. 2 (September 24, 2020): 240. http://dx.doi.org/10.21043/iqtishadia.v13i2.7743.

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<p class="Abstract">Sharia microfinance and financial technology have a very significant role as an effective solution for accessing finance for small and micro-enterprises (MSEs). The research aims to investigate the business model used, type of contracts employed, other legal aspects, and the risk mitigation dimension involved. By utilizing qualitative methods and critically analyzing a specific case study related a business model by the alliances between PT Ammana Fintech Sharia and a sharia microfinance institution, BMT Syahida Ikaluin. In generating the data, <em>interviews</em> with several experts and practitioners. The study found that the business model used was based on crowdfunding, compliant with sharia principles dan has a strong basis both in positive law and Islamic edict (<em>fatwa)</em>. The research showed that the strategic alliance between a sharia microfinance institution and financial technology is capable of strengthening access to capital sources for small and micro-enterprises. It also improves community financial literacy and financial inclusion. This research could contribute to the creation of innovative products concerning sharia microfinance and sharia financial technology. Furthermore, it could also become a benchmark in formulating policies to strengthen these strategic institutional alliances.<em></em></p><p class="Abstract"><br /><em></em></p><p class="Abstract"><br /><em></em></p>
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3

Schulz, Dorothea. "POLITICAL FACTIONS, IDEOLOGICAL FICTIONS: THE CONTROVERSY OVER FAMILY LAW REFORM IN DEMOCRATIC MALI." Islamic Law and Society 10, no. 1 (2003): 132–64. http://dx.doi.org/10.1163/15685190360560933.

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AbstractThe article examines debates surrounding the current family law reform in Mali to account for the way in which broader processes of social change, an international and national context of women's rights activism, as well as various interest groups will shape the ultimate outcome of legislative reform. The article focuses on the five main components of the proposed reform and analyzes the positions of the most important groups participating in the debate: women's rights activists supported by the international women's movement and international donor organizations, protagonists of the two influential wings of the national Muslim organization, and representatives of the state administration. It is argued that although state officials and protagonists of an "Islamic" position hold divergent ideological and normative orientations, they form temporary and shifting alliances around certain issues, often on the basis of pragmatic considerations. Also, while women's rights activists and "Muslim women" claim to represent women tout court, the positions and arguments of the former can be seen as representing particularistic, class-specific interests.
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4

Viano, Emilio C. "Unholy Alliances and their Threat: The Convergence of Terrorism, Organized Crime and Corruption." International Annals of Criminology 58, no. 1 (May 2020): 91–110. http://dx.doi.org/10.1017/cri.2020.18.

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AbstractSince the tragedy of September 11, 2001 (9/11) there have been a growing awareness and recognition of the expanding threat presented by the transmutation and convergence of international organized crime and terrorist groups. There is a semantic debate on whether these organizations are “converging” or “transforming.” Regardless, this worrisome development is complicated and progressively difficult to combat and calls for law enforcement, intelligence and military interventions. While the United States and other countries have been dealing with the post-9/11 world of persistent problems like Iraq, Afghanistan, al Qaeda, “Islamic State in Iraq and Syria” (ISIS), Syria, and more, the links between organized crime and terrorism could prolong these challenges and generate further disruptions and menace to global security and development. There are strong operational needs and requirements that bring organized crime and terrorists together for collaboration and even seamless transitions within the same general operation. However, there are substantial hurdles that make a total teamwork between the two groups not so easily achievable. For example, organized crime normally avoids the publicity and the indiscriminate killings often used by terrorists. However, it is clear that the merging of international organized crime and terrorist groups is growing and presents unique challenges and opportunities. This paper examines this ongoing transmutation, convergence and cooperation between transnational organized crime and terrorism, and offers examples and recommendations on how to prevent it and defeat it.
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5

Sefriyono, Sefriyono, and Mukhibat Mukhibat. "Radikalisme Islam: Pergulatan Ideologi ke Aksi." Al-Tahrir: Jurnal Pemikiran Islam 17, no. 1 (May 26, 2017): 205. http://dx.doi.org/10.21154/altahrir.v17i1.815.

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Abstract: The violent actors in Islam known as terrorists ideologically always associated with kalam school which is called Khawarij. They are the fist ortodhox takfiri in Islam and their motto is who did not punish with His law, they were among those unbeliver. This paper with the critical history discusses the religious movement that often called activism with prevalently conflict, the radical movement in islam. Religous social movement can be interpreted with collective awarness who rise up their community for some value, a norm, and social practices in society during a certain period considered to be unfair and oppressive. The movement of the islamic activism in frame of social movement can be understood as fight with mobilization to support interest and the purpose of muslims. Based on the analysis of structure of islamic activism, the study on islamic activism is generally located on three large of domain, i.e. violence and contention, networks and alliance, and culture and framing.الملخص: إن القائمين بعملية العنف في الإسلام المسمّين بالإرهابيّين كانوا يرجعون عقائديّا إلى المذهب في علم الكلام )الخوارج(، الفرقة الأولى .» من لم يحكم بما أنزل الله فهو من الكافرين « للمذهب التكفيري بشعار حاولت هذه المقالة – بالمدخل النقدي التاريخي – دراسة الحركات الدينية أي حركات العنف في الإسلام. إن الحركات الدينية الإجتماعية يمكن أن يُفهم بوجود الوعي الجماعي الناشئ في نفوس المجتمع تجاه القيم و المعايير والعمليّات الإجتماعية الضالّة غير العادلة في مجتمع من المجتمعات في فترات معيّنة. وإن الحركات الإسلامية في ضوء الحركات الاجتماعية يمكن أن يكون له معنى تحريك روح العداوة لدعم فوائد وأهداف الأمة الإسلامية. واعتمادا على التحليل المؤسس على تنظيم الحركة الإسلامية، ة الحركات الإسلامية تقع في ثلات نقاط كبيرة: 1( العنف 􀋰􀋰 إن دراس والعداوة، 2( الشبكات والصلات، 3( الثقافة و الصياغة.Abstrak: Para pelaku kekerasan dalam Islam yang dikenal dengan teroris, secara ideolgis selalu dirujuk kepada aliran Kalam dalam Islam yang disebut dengan Khawarij sebagai kelompok takfiri ortodoks pertama dalam Islam dengan motto-nya siapa yang tidak berhukum dengan hukum Allah, mereka itu di golongkan kepada orang-orang kafir. Makalah ini dengan pendekatan kritis-historis mengkaji gerakan keagamaan yang sering disebut aktivisme Islam dalam kelaziman konfliktual yakni gerakan radikal dalam Islam. Gerakan sosial keagamaan dapat dimaknai dengan adanya kesadaran kolektif yang bangkit dalam diri masyarakat terhadap beberapa nilai, norma, dan praktek-praktek sosial di sebuah masyarakat pada periode tertentu yang dianggab tidak adil, menindas. Gerakan sosial/Aktivisme Islam dalam bingkai gerakan sosial bisa dimaknai dengan mobilisasi perseteruan untuk mendukung kepentingan dan tujuan kaum Muslimin. Berdasarkan analisis dengan struktur aktivisme Islam (Structur of Islamic Activisme), kajian terhadap aktivisme Islam umumnya berada pada tiga domain besar yakni, kekerasan dan perseteruan (violence and contention), jariangan dan aliansi (networks and alliances), dan kebudayaan dan pembingkaian (Culture and Framing).
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6

Charrad, Mounira. "CONTEXTS, CONCEPTS AND CONTENTIONS: GENDER LEGISLATION AS POLITICS IN THE MIDDLE EAST." Hawwa 5, no. 1 (2007): 55–72. http://dx.doi.org/10.1163/156920807781787635.

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AbstractDebates over gender relevant legislation such as family law have led to serious conflict in many periods of Middle Eastern history, especially in recent times. One way to understand the intensity of the current debates is to recognize that gender issues raise fundamental questions about the relationship between individual and society and the role of states. In this article I argue that, in considering gender relevant legislation in the Middle East, we need to develop a framework that is different from the paradigms anchored in the politics of western liberal democracies in the U.S. and Western Europe. The frame of reference I propose is built upon the following propositions. (1) We should treat gender legislation in the Middle East as an inherently political matter that goes to the heart of the organization of power. Such a perspective opens up the possibility of considering the role of multiple and complex political processes including pressures from below by social movements and top down reforms. (2) We need to reformulate the concepts of tradition and modernity that have pervaded the study of gender in the Islamic world. Tradition and modernity as two distinct, well-defined cultural forms should be dropped altogether. Instead, the discourses of tradition and modernity should be taken as political constructs and the following question should be asked: who benefits from each discourse in given political contexts? (3) The role of kin-based solidarities should be considered in the nexus of conflicts and alliances that shape the process of state formation. The individualistic model of politics in western liberal democracies has limited value for the understanding of political processes in the historical development of the Middle East. The focus should be instead on the role of identities based in communities that define themselves in collective and ascriptive terms of common kinship.
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7

Albaqme, Aidh Sultan. "Consumer Protection under Saudi Arabia Law." Arab Law Quarterly 28, no. 2 (July 10, 2014): 158–75. http://dx.doi.org/10.1163/15730255-12341276.

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The development of consumer protection laws in Saudi Arabia is of great significance because of the critical role that the Kingdom plays in the Gulf-Corporation Council Alliance and the fact that not many studies have been conducted on the issue of consumer protection in the Kingdom. Therefore, this article will analyse Islamic (Sharī‛ah) law as the foundation of consumer protection in Saudi Arabia and also focus on the development of consumer protection under Islamic law. The article will also compare Islamic law with other legal systems that are applied in Western nations with regard to consumer protection and advertising. Finally, the article will focus on the importance of Islamic law as a tool to ensure that the rights of consumers are respected and that adherence to religion is guaranteed.
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8

Landau-Tasseron, Ella. "The Status of Allies in Pre-Islamic and Early Islamic Arabian Society." Islamic Law and Society 13, no. 1 (2006): 6–32. http://dx.doi.org/10.1163/156851906775275484.

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AbstractIn pre-Islamic and early Islamic times many tribes accepted outsiders into their midst by means of a certain type of alliance. In this article I investigate the integration and the status of such allies within the host tribes. As indicators of integration, I examine marriage and adoption cases involving allies, and the way in which allies used tribal nisbas. The status of allies is reflected in accounts of their conduct and the ways in which they were treated. I conclude that there were no strict rules governing the integration of allies; and that not all allies shared the same status even though they belonged to the same category.
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9

Humaemah, Ratu. "Persyaratan Khusus Dalam Ragam Akad Syirkah Pada Literatur Fikih Mazhab." Ulumuddin : Jurnal Ilmu-ilmu Keislaman 9, no. 1 (November 23, 2019): 61–80. http://dx.doi.org/10.47200/ulumuddin.v9i1.282.

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Adjustment of the application of syirkah in sharia banking goes straight with regard to the Quran, Sunnah, fikih school in order to formulate the objectives of Islamic law in it. This is a research on historical literature and fiqh norms about special requirements in a variety of existing syirkah covenants. The understanding of language from syirkah is still permeated by various meanings in the four fiqh school. Both have the same pressure on the existence of mixing assets and contracts. two categories of forms, namely: Syirkah al-Amlak (alliance due to ownership) and Syirkah al-’uqūd (alliance due to a contract). The requirements in each form of syirkah contract are not merely those that always exist in the general understanding of syirkah. Each form can have special requirements tailored to the situations and conditions that support the willingness of each party in the Syirkah contract.
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10

Cigdem, Recep. "Tax Law in Crimea in the Light of Two Yarlıks." Russian History 38, no. 4 (2011): 429–66. http://dx.doi.org/10.1163/187633111x594542.

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AbstractThis article examines two yarlıks about the taxation issued by the governor of autonomous Crimea in June 1609. Two other documents about a female slave dated June 1677 involving the dignitaries of Crimea are also examined. The main aim of this work is to find out whether or not the provisions of the statutes (kanun) of the mainland, Istanbul, were also applied in other autonomous provinces. This article tries to shed light on tax regulations in different parts of the Ottoman Empire and to contribute to our understanding of yarlıks. The Crimean khanate which was established as an independent state around 1420 became a vassal state of the Ottoman empire in 1475 when Mengli Giray recognized Sultan Mehmet II as his suzerain. A Crimea-Muscovy alliance supported by the Ottomans led to the emergence of the Muscovite state as the dominant power in the region. The Russians and the Ottomans had peaceful relations until the middle of the 17th century. From that time onwards, conflicts started to appear and led Russia to invade and annex the Crimea. Although khans were appointed and dismissed by the Ottoman sultans, they were able to maintain independent judicial and financial institutions. The judges were appointed and dismissed by the military judge of the Crimea. The shari'a courts and the diwan (council) were the two main bodies of the judicial system. The trials were conducted by a single qadi/judge in the shari'a courts. Although litigants or defendants had the right to apply to the diwan to review his/her case, the system of appeal in the modern sense was not recognized. Islamic law, custom and the statutory laws constituted the law of the Crimea. In cases of contradiction between custom and governmental orders, custom would prevail. Certain fiscal laws that applied in the mainland of the Ottoman empire were not in practice in the Crimea.
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11

Zaman, Maheen. "Jihad & Co.: Black Markets and Islamist Power." American Journal of Islamic Social Sciences 35, no. 3 (July 1, 2018): 104–7. http://dx.doi.org/10.35632/ajiss.v35i3.490.

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In this critically insightful and highly readable book of political ethnogra- phy, Aisha Ahmad, a political scientist at University of Toronto, seeks to explain how and why Islamist movements continue to militarily prevail and politically succeed in forming proto-states, over clan, ethnic, and/or tribal based competitions, amidst the chaos and disorder of civil wars across the contemporary Muslim world, from Mali to Mindanao. To this end, Ahmad seeks to go beyond the usual expositions that center the explanatory power of Islamist ideologies and identities, which dominate the scholarly fields of political science, international relations, security studies as well as the global public discourse shaped by journalists, politicians, and the punditry of shouting heads everywhere. Through a deep, immersive study of power in Afghanistan and Soma- lia, Ahmad demonstrates the profoundly symbiotic relationship between Islamists and the local business class. While recognizing the interconnec- tions between violent conflict and illicit trade is nothing new, Ahmad’s explication of the economic logics of Islamist proto-states furnishes a nov- el two-stage dynamic to explain the indispensability and ubiquity of this Islamist-business alliance in conflict zones. The first is the gradual social process of conversion of the business class’ worldview and practice to align them with Islamist identity formations, which is “aimed at mitigating un- certainty and improving access to markets” (xvii). Alongside this long-term socialization is a second, short-term political-economic dynamic of rapid shift in the business class’s collective patronage of a new Islamist faction, based on the assumption that it will lower the cost of business. The for- midable alliance between business class interests and Islamist institutions brings forth the new Islamist proto-state. Chapter one of the book adum- brates this two-stage argument and offers justifications for the two case studies, namely the Taliban in Afghanistan and the Islamic Courts Union in Somalia. The second chapter unpacks the two-stage dynamic in detail. We learn that in modern civil wars across the Muslim world, business communi- ties intentionally adopt ardent Islamist identities as a practical means to- ward building trust and lowering cost. Islamist factions, aspiring toward hegemony, offer the possibility of economic relationships that transcend the ethnic boundaries which limit rival factions rooted in clan, tribal, or ethno-linguistic social formations. This leads to the second, faster conver- gence of business-Islamist interests, wherein the Islamist groups leverage their broader social identity and economic market to offer stronger secu- rity at a lower cost. This development of an economy of scale leads the local business elites to throw their financial support behind the Islamists at a critical juncture of militant competition. Once this threshold is met, Islamist factions rapidly conquer and consolidate territories from their rel- atively socially constrained rivals to form a new proto-state, like the Taliban regime and the Islamic Courts Union (ICU). When we look at the timeline of their development (the Taliban in 1994 and the ICU in 2006), we notice a similar length of gestation, about 15 years of war. This similarity may be coincidental, but the political-military threshold is the same. Both societ- ies, ravaged by civil war, reached a stalemate. At this critical juncture the positional properties of Islamist formations in the field of civil war factions gives the Islamists a decided economic (cost analysis) and social (trust building across clan/tribal identities) advantage. Chapters three to six examine each of the two processes for the se- lected sites of inquiry. Thus chapters three and five, respectively, explore the long-term Islamist identity construction within the smuggling industry in the Afghanistan-Pakistan borderland, and the Somali business elites’ gradual convergence with Islamists. In chapter four, Ahmad explores the second dynamic in the context of rising security costs during the Afghan civil war. Mullah Omar’s Taliban provided the order and security across the borderland that had previously eluded the variety of industries. This allowed the Taliban to expand on the backs of voluntary donations, rather than extortions like their rival tribal warlords, which in turn allowed them to recruit and retain more disciplined fighters (81). The source of these donations was the business class, especially those involved in the highly lucrative transit trade, which, before the rise of Taliban, paid immense op- portunity cost at the hands of rapacious local and tribal warlord fiefdoms and bandits. Instead of the multitude of checkpoints crisscrossing south- ern Afghanistan and the borderlands, the Taliban presented a simplified administration. While the rest of the world took notice of their repressive measures against women’s mobility, education, and cultural expression, the men of the bazaar appreciated the newly acquired public safety to ply their trade and the lowered cost of doing business. Chapter six, “The Price of Protection: The Rise of the Islamic Courts Union,” demonstrates a similar mutually beneficial Islamist-business relationship emerging out of the incessant clan-based militia conflicts that had especially plagued southern Somalia since the fall of the last national government in 1991. Businesspeople, whether they were tycoons or small business owners, had to pay two types of tax. First was what was owed to the local racket or warlord, and the second was to the ever-fragmenting sub-clan militias and their checkpoints on the intercity highways. Unlike their rival, the Transitional Federal Government (TGF), ICU forged their supra-clan institutional identity through a universalist legal discourse and practice rooted in Islamic law and ethics. They united the courts and their associated clan-based militias, including al-Shabaab. Ahmad demonstrates, through a synthesis of secondary literature and original political ethnogra- phy, the economic logics of ICU’s ability to overcome the threshold of ma- terial and social support needed to establish the rule of law and a far-reach- ing functioning government. If the Taliban and the ICU had solved the riddle of creating order and security to create hegemonic proto-states, then what was their downfall? Chapter seven gives us an account of the international interventions that caused the collapse of the two proto-states. In the aftermath of their de- struction, the internationally supported regimes that replaced them, de- spite immense monetary and military aid, have failed to gain the same level of legitimacy across Afghanistan and Somalia. In chapter eight, Ahmad expands the scope of analysis to North/Western Africa (Al-Qaeda in the Is- lamic Maghrib: AQIM), Middle East (Islamic State in Iraq and Syria: ISIS), and South Asia (Tahrik-i Taliban-i Pakistan: TTP). At the time of this book’s publication, these movements were not yet, as Ahmad posits, closed cases like the Taliban and the ICU. Thus, the data from this chapter’s comparative survey furnishes suggestive arguments for Ahmad’s larger thesis, namely that Islamist proto-states emerge out of a confluence of economic and security interests rather than mere ideological and identity politics. The epistemic humility of this chapter signals to this reader two lines of constructive criticism of some aspects of Ahmad’s sub- stantiation of this thesis. First, the juxtaposing of Islamist success against their clan-/tribal iden- tity-based rivals may be underestimating the element of ethnic solidarity in those very Islamists’ political success. The most glaring case is the Taliban, which in its original formation and in its post-American invasion frag- mentations, across the Durand Line, was more or less founded on a pan- or-tribal Pashtun social identity and economic compulsions relative to the other Afghan ethno-linguistic communities. How does one disaggregate the force of ethnic solidarity (even if it is only a necessary condition, rather than a cause) from economic calculus in explaining the rise of the Taliban proto-state? The second issue in this juxtaposition is that when we compare a suc- cessful Islamist movement against socially limited ethnocentric rivals, we discount the other Islamist movements that failed. Explanations for those Islamists that failed to create a proto-state along the lines of the ICU or the Taliban, such as al-Ittihad al-Islamiyya (Somalia) or Gulbuddin Hekmat- yar’s Hezb-e Islami (Afghanistan), needed to be more robustly taken into account and integrated into the substantiation of Ahmad’s thesis. Even in the section on ISIS, it would have been helpful to integrate the case of Jabhat al-Nusra’s (an al-Qaeda affiliate in Syria) inability to create a proto-state to rival ISIS. We must ask, why do some Jihadi Islamist movements prevail against each other and why do others fail? Perhaps some of these Islamist movements appear too early to scale up their operation (i.e., they precede Ahmad’s ‘critical juncture’), or they were too embroiled and too partisan in the illicit trade network to fully leverage their Islamist universalism to create the trust and bonds that are the first part of Ahmad’s two-stage dy- namic. Possible answers would need to complement Ahmad’s excellent po- litical ethnography with deeper quantitative dives to identify the statistical variations of these critical junctures: when does the cost of warlords and mafias’ domination outweigh the cost of Islamist-Jihadi movements’ social- ly repressive but economically liberating regimes? At which point in the social evolution of society during an unending civil war do identities forged by the bonds of blood give way to those imagined through bonds of faith? These two critical suggestions do not diminish Ahmad’s highly teach- able work. This book should be read by all concerned policy makers, schol- ars in the social sciences and humanities, and anyone who wants to go be- yond ‘culture talk’ historical causation by ideas and identity and uncover structuralist explanations for the rise of Jihadi Islamist success in civil wars across the Muslim world. It is especially recommended for adoption in cog- nate courses at the undergraduate level, for its combination of erudition and readability. Maheen ZamanAssistant ProfessorDepartment of HistoryAugsburg University
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12

Zaman, Maheen. "Jihad & Co.: Black Markets and Islamist Power." American Journal of Islam and Society 35, no. 3 (July 1, 2018): 104–7. http://dx.doi.org/10.35632/ajis.v35i3.490.

Full text
Abstract:
In this critically insightful and highly readable book of political ethnogra- phy, Aisha Ahmad, a political scientist at University of Toronto, seeks to explain how and why Islamist movements continue to militarily prevail and politically succeed in forming proto-states, over clan, ethnic, and/or tribal based competitions, amidst the chaos and disorder of civil wars across the contemporary Muslim world, from Mali to Mindanao. To this end, Ahmad seeks to go beyond the usual expositions that center the explanatory power of Islamist ideologies and identities, which dominate the scholarly fields of political science, international relations, security studies as well as the global public discourse shaped by journalists, politicians, and the punditry of shouting heads everywhere. Through a deep, immersive study of power in Afghanistan and Soma- lia, Ahmad demonstrates the profoundly symbiotic relationship between Islamists and the local business class. While recognizing the interconnec- tions between violent conflict and illicit trade is nothing new, Ahmad’s explication of the economic logics of Islamist proto-states furnishes a nov- el two-stage dynamic to explain the indispensability and ubiquity of this Islamist-business alliance in conflict zones. The first is the gradual social process of conversion of the business class’ worldview and practice to align them with Islamist identity formations, which is “aimed at mitigating un- certainty and improving access to markets” (xvii). Alongside this long-term socialization is a second, short-term political-economic dynamic of rapid shift in the business class’s collective patronage of a new Islamist faction, based on the assumption that it will lower the cost of business. The for- midable alliance between business class interests and Islamist institutions brings forth the new Islamist proto-state. Chapter one of the book adum- brates this two-stage argument and offers justifications for the two case studies, namely the Taliban in Afghanistan and the Islamic Courts Union in Somalia. The second chapter unpacks the two-stage dynamic in detail. We learn that in modern civil wars across the Muslim world, business communi- ties intentionally adopt ardent Islamist identities as a practical means to- ward building trust and lowering cost. Islamist factions, aspiring toward hegemony, offer the possibility of economic relationships that transcend the ethnic boundaries which limit rival factions rooted in clan, tribal, or ethno-linguistic social formations. This leads to the second, faster conver- gence of business-Islamist interests, wherein the Islamist groups leverage their broader social identity and economic market to offer stronger secu- rity at a lower cost. This development of an economy of scale leads the local business elites to throw their financial support behind the Islamists at a critical juncture of militant competition. Once this threshold is met, Islamist factions rapidly conquer and consolidate territories from their rel- atively socially constrained rivals to form a new proto-state, like the Taliban regime and the Islamic Courts Union (ICU). When we look at the timeline of their development (the Taliban in 1994 and the ICU in 2006), we notice a similar length of gestation, about 15 years of war. This similarity may be coincidental, but the political-military threshold is the same. Both societ- ies, ravaged by civil war, reached a stalemate. At this critical juncture the positional properties of Islamist formations in the field of civil war factions gives the Islamists a decided economic (cost analysis) and social (trust building across clan/tribal identities) advantage. Chapters three to six examine each of the two processes for the se- lected sites of inquiry. Thus chapters three and five, respectively, explore the long-term Islamist identity construction within the smuggling industry in the Afghanistan-Pakistan borderland, and the Somali business elites’ gradual convergence with Islamists. In chapter four, Ahmad explores the second dynamic in the context of rising security costs during the Afghan civil war. Mullah Omar’s Taliban provided the order and security across the borderland that had previously eluded the variety of industries. This allowed the Taliban to expand on the backs of voluntary donations, rather than extortions like their rival tribal warlords, which in turn allowed them to recruit and retain more disciplined fighters (81). The source of these donations was the business class, especially those involved in the highly lucrative transit trade, which, before the rise of Taliban, paid immense op- portunity cost at the hands of rapacious local and tribal warlord fiefdoms and bandits. Instead of the multitude of checkpoints crisscrossing south- ern Afghanistan and the borderlands, the Taliban presented a simplified administration. While the rest of the world took notice of their repressive measures against women’s mobility, education, and cultural expression, the men of the bazaar appreciated the newly acquired public safety to ply their trade and the lowered cost of doing business. Chapter six, “The Price of Protection: The Rise of the Islamic Courts Union,” demonstrates a similar mutually beneficial Islamist-business relationship emerging out of the incessant clan-based militia conflicts that had especially plagued southern Somalia since the fall of the last national government in 1991. Businesspeople, whether they were tycoons or small business owners, had to pay two types of tax. First was what was owed to the local racket or warlord, and the second was to the ever-fragmenting sub-clan militias and their checkpoints on the intercity highways. Unlike their rival, the Transitional Federal Government (TGF), ICU forged their supra-clan institutional identity through a universalist legal discourse and practice rooted in Islamic law and ethics. They united the courts and their associated clan-based militias, including al-Shabaab. Ahmad demonstrates, through a synthesis of secondary literature and original political ethnogra- phy, the economic logics of ICU’s ability to overcome the threshold of ma- terial and social support needed to establish the rule of law and a far-reach- ing functioning government. If the Taliban and the ICU had solved the riddle of creating order and security to create hegemonic proto-states, then what was their downfall? Chapter seven gives us an account of the international interventions that caused the collapse of the two proto-states. In the aftermath of their de- struction, the internationally supported regimes that replaced them, de- spite immense monetary and military aid, have failed to gain the same level of legitimacy across Afghanistan and Somalia. In chapter eight, Ahmad expands the scope of analysis to North/Western Africa (Al-Qaeda in the Is- lamic Maghrib: AQIM), Middle East (Islamic State in Iraq and Syria: ISIS), and South Asia (Tahrik-i Taliban-i Pakistan: TTP). At the time of this book’s publication, these movements were not yet, as Ahmad posits, closed cases like the Taliban and the ICU. Thus, the data from this chapter’s comparative survey furnishes suggestive arguments for Ahmad’s larger thesis, namely that Islamist proto-states emerge out of a confluence of economic and security interests rather than mere ideological and identity politics. The epistemic humility of this chapter signals to this reader two lines of constructive criticism of some aspects of Ahmad’s sub- stantiation of this thesis. First, the juxtaposing of Islamist success against their clan-/tribal iden- tity-based rivals may be underestimating the element of ethnic solidarity in those very Islamists’ political success. The most glaring case is the Taliban, which in its original formation and in its post-American invasion frag- mentations, across the Durand Line, was more or less founded on a pan- or-tribal Pashtun social identity and economic compulsions relative to the other Afghan ethno-linguistic communities. How does one disaggregate the force of ethnic solidarity (even if it is only a necessary condition, rather than a cause) from economic calculus in explaining the rise of the Taliban proto-state? The second issue in this juxtaposition is that when we compare a suc- cessful Islamist movement against socially limited ethnocentric rivals, we discount the other Islamist movements that failed. Explanations for those Islamists that failed to create a proto-state along the lines of the ICU or the Taliban, such as al-Ittihad al-Islamiyya (Somalia) or Gulbuddin Hekmat- yar’s Hezb-e Islami (Afghanistan), needed to be more robustly taken into account and integrated into the substantiation of Ahmad’s thesis. Even in the section on ISIS, it would have been helpful to integrate the case of Jabhat al-Nusra’s (an al-Qaeda affiliate in Syria) inability to create a proto-state to rival ISIS. We must ask, why do some Jihadi Islamist movements prevail against each other and why do others fail? Perhaps some of these Islamist movements appear too early to scale up their operation (i.e., they precede Ahmad’s ‘critical juncture’), or they were too embroiled and too partisan in the illicit trade network to fully leverage their Islamist universalism to create the trust and bonds that are the first part of Ahmad’s two-stage dy- namic. Possible answers would need to complement Ahmad’s excellent po- litical ethnography with deeper quantitative dives to identify the statistical variations of these critical junctures: when does the cost of warlords and mafias’ domination outweigh the cost of Islamist-Jihadi movements’ social- ly repressive but economically liberating regimes? At which point in the social evolution of society during an unending civil war do identities forged by the bonds of blood give way to those imagined through bonds of faith? These two critical suggestions do not diminish Ahmad’s highly teach- able work. This book should be read by all concerned policy makers, schol- ars in the social sciences and humanities, and anyone who wants to go be- yond ‘culture talk’ historical causation by ideas and identity and uncover structuralist explanations for the rise of Jihadi Islamist success in civil wars across the Muslim world. It is especially recommended for adoption in cog- nate courses at the undergraduate level, for its combination of erudition and readability. Maheen ZamanAssistant ProfessorDepartment of HistoryAugsburg University
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13

"New Strategic Alliances Between Islamic Financial Institutions, International University Students and Entrepreneurs to Implement Musharakah Financing to Meet the Challenges of the 21st Century." Arab Law Quarterly 14, no. 3 (1999): 268–81. http://dx.doi.org/10.1163/026805599125826480.

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14

Datta, Pranati. "Push-Pull Factors of Undocumented Migration from Bangladesh to West Bengal: A Perception Study." Qualitative Report, January 23, 2015. http://dx.doi.org/10.46743/2160-3715/2004.1932.

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Movement is an integral part of human existence. While talking about transborder migration from Bangladesh to India, we are, however, aware that this is a controversial subject. The partition of Bengal in 1947 was the cruelest partition in the history of the world and caused forced illegal migration from erstwhile East Pakistan. It is estimated that there are about 15 million Bangladeshi nationals living in India illegally. West Bengal has a border running 2,216 km along Bangladesh. The present study highlights push-pull factors of illegal Bangladeshi migration based on perceptions of respondents obtained from a qualitative survey done on the basis of purposive sampling in Kolkata and 24 parganas and two districts of West Bengal (WB), an Indian State. The economic push factors that motivate people to leave Bangladesh are instability and economic depression, poverty, lack of employment opportunity, struggle for livelihood, forced grabbing of landed property from minority group, and lack of industrialization in Bangladesh. About 56% of the respondents expressed that lack of industrialisation/lack of employment/economic insecurity would be the probable cause of this migration. Among the demographic factors, population explosion in Bangladesh and lowest human development index may be the most important cause of illegal migration from Bangladesh to West Bengal. Hindu minority group faced problems in connection with matrimonial alliances. Educational curricula, which were framed according to Islamic preaching and curtailment of facilities enjoyed by Hindu minority group, were responsible factor for illegal migration of Hindu minority population. Another cause is social insecurity. Political instability, fear of riots and terrorism in Bangladesh, inhuman attitude and activities of the political leaders, absence of democratic rights, Muslim domination, religious instigation by political leaders, insecurity feeling of Hindus, are the major crucial issues that require to be mentioned as political push factors. About 59% of the respondents are of the opinion that religious fundamentalists/insecurity of the minority group/discriminating law and order against Hindus may be the factors that motivated migration from Bangladesh to West Bengal. In terms of ethnic cleansing, one can witness elimination of groups of minorities by dominant ethnic group, curbing their rights controlling their influence in a state’s system. Double standards are observed in punishing criminals. Police officials do not record complaints from minority community. According to 85% of the respondent economic opportunity in terms of job opportunity, economic security prevailing in West Bengal worked as pull factors for migrants to West Bengal. Geographic proximity of Bangladesh and West Bengal, the linguistics and cultural similarities, same food habit, homo-ethnic climate, belief of getting shelter, cordiality, fellow-feeling, acceptance power of people of West Bengal have contributed to the movements of population from Bangladesh to West Bengal.
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15

Aly, Anne, and Lelia Green. "‘Moderate Islam’: Defining the Good Citizen." M/C Journal 11, no. 1 (June 1, 2008). http://dx.doi.org/10.5204/mcj.28.

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On 23 August 2005, John Howard, then Prime Minister, called together Muslim ‘representatives’ from around the nation for a Muslim Summit in response to the London bombings in July of that year. One of the outcomes of the two hour summit was a Statement of Principles committing Muslim communities in Australia to resist radicalisation and pursue a ‘moderate’ Islam. Since then the ill-defined term ‘moderate Muslim’ has been used in both the political and media discourse to refer to a preferred form of Islamic practice that does not challenge the hegemony of the nation state and that is coherent with the principles of secularism. Akbarzadeh and Smith conclude that the terms ‘moderate’ and ‘mainstream’ are used to describe Muslims whom Australians should not fear in contrast to ‘extremists’. Ironically, the policy direction towards regulating the practice of Islam in Australia in favour of a state defined ‘moderate’ Islam signals an attempt by the state to mediate the practice of religion, undermining the ethos of secularism as it is expressed in the Australian Constitution. It also – arguably – impacts upon the citizenship rights of Australian Muslims in so far as citizenship presents not just as a formal set of rights accorded to an individual but also to democratic participation: the ability of citizens to enjoy those rights at a substantive level. Based on the findings of research into how Australian Muslims and members of the broader community are responding to the political and media discourses on terrorism, this article examines the impact of these discourses on how Muslims are practicing citizenship and re-defining an Australian Muslim identity. Free Speech Free speech has been a hallmark of liberal democracies ever since its defence became part of the First Amendment to the United States Constitution. The Australian Constitution does not expressly contain a provision for free speech. The right to free speech in Australia is implied in Australia’s ratification of the United Nations Universal Declaration of Human Rights (UDHR), article 19 of which affirms: Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The ultimate recent endorsement of free speech rights, arguably associated with the radical free speech ‘open platform’ movement of the 1960s at the University of California Berkeley, constructs free speech as essential to human and civil liberties. Its approach has been expressed in terms such as: “I reject and detest XYZ views but will defend to the utmost a person’s right to express them”. An active defence of free speech is based on the observation that, unless held to account, “[Authorities] would grant free speech to those with whom they agree, but not to minorities whom they consider unorthodox or threatening” (“Online Archives of California”). Such minorities, differing from the majority view, do so as a right accorded to citizens. In very challenging circumstances – such as opposing the Cold War operations of the US Senate Anti-American Activities Committee – the free speech movement has been celebrated as holding fast (or embodying a ‘return’) to the true meaning of the American First Amendment. It was in public statements of unpopular and minority views, which opposed those of the majority, that the right to free speech could most non-controvertibly be demonstrated. Some have argued that such rights should be balanced by anti-vilification legislation, by prohibitions upon incitement to violence, and by considerations as to whether the organisation defended by the speaker was banned. In the latter case, there can be problems with excluding the defence of banned organisations from legitimate debate. In the 1970s and 1980s, for example, Sinn Fein was denounced in the UK as the ‘political wing of the IRA’ (the IRA being a banned organisation) and denied a speaking position in many forums, yet has proved to be an important party in the eventual reconciliation of the Northern Ireland divide. In effect, the banning of an organisation is a political act and such acts should best be interrogated through free speech and democratic debate. Arguably, such disputation is a responsibility of an involved citizenry. In general, liberal democracies such as Australia do not hesitate to claim that citizens have a right to free speech and that this is a right worth defending. There is a legitimate expectation by Australians of their rights as citizens to freedom of expression. For some Australian Muslims, however, the appeal to free speech seems a hollow one. Muslim citizens run the risk of being constructed as ‘un-Australian’ when they articulate their concerns or opinions. Calls by some Muslim leaders not to reprint the Danish cartoons depicting images of the Prophet Mohammed for example, met with a broader community backlash and drew responses that, typically, constructed Muslims as a threat to Australian cultural values of freedom and liberty. These kinds of responses to expressions by Australian Muslims of their deeply held convictions are rarely, if ever, interpreted as attempts to curtail Australian Muslims’ rights to free speech. There is a poor fit between what many Australian Muslims believe and what they feel the current climate in Australia allows them to say in the public domain. Positioned as the potential ‘enemy within’ in the evolving media and political discourse post September 11, they have been allocated restricted speaking positions on many subjects from the role and training of their Imams to the right to request Sharia courts (which could operate in parallel with Australian courts in the same way that Catholic divorce/annulment courts do). These social and political restrictions lead them to question whether Muslims enjoy citizenship rights on an equal footing with Australians from the broader community. The following comment from an Australian woman, an Iraqi refugee, made in a research interview demonstrates this: The media say that if you are Australian it means that you enjoy freedom, you enjoy the rights of citizenship. That is the idea of what it means to be Australian, that you do those things. But if you are a Muslim, you are not Australian. You are a people who are dangerous, a people who are suspicious, a people who do not want democracy—all the characteristics that make up terrorists. So yes, there is a difference, a big difference. And it is a feeling all Muslims have, not just me, whether you are at school, at work, and especially if you wear the hijab. (Translated from Arabic by Anne Aly) At the same time, Australian Muslims observe some members of the broader community making strong assertions about Muslims (often based on misunderstanding or misinformation) with very little in the way of censure or rebuke. For example, again in 2005, Liberal backbenchers Sophie Panopoulos and Bronwyn Bishop made an emotive plea for the banning of headscarves in public schools, drawing explicitly on the historically inherited image of Islam as a violent, backward and oppressive ideology that has no place in Western liberal democracy: I fear a frightening Islamic class emerging, supported by a perverse interpretation of the Koran where disenchantment breeds disengagement, where powerful and subversive orthodoxies are inculcated into passionate and impressionable young Muslims, where the Islamic mosque becomes the breeding ground for violence and rejection of Australian law and ideals, where extremists hijack the Islamic faith with their own prescriptive and unbending version of the Koran and where extremist views are given currency and validity … . Why should one section of the community be stuck in the Dark Ages of compliance cloaked under a veil of some distorted form of religious freedom? (Panopoulos) Several studies attest to the fact that, since the terrorist attacks in the United States in September 2001, Islam, and by association Australian Muslims, have been positioned as other in the political and media discourse (see for example Aly). The construct of Muslims as ‘out of place’ (Saniotis) denies them entry and representation in the public sphere: a key requisite for democratic participation according to Habermas (cited in Haas). This notion of a lack of a context for Muslim citizenship in Australian public spheres arises out of the popular construction of ‘Muslim’ and ‘Australian’ as mutually exclusive modes of being. Denied access to public spaces to partake in democratic dialogue as political citizens, Australian Muslims must pursue alternative communicative spaces. Some respond by limiting their expressions to closed spheres of communication – a kind of enforced silence. Others respond by pursuing alternative media discourses that challenge the dominant stereotypes of Muslims in Western media and reinforce majority-world cultural views. Enforced Silence In closed spheres of discussion, Australian Muslims can openly share their perceptions about terrorism, the government and media. Speaking openly in public however, is not common practice and results in forced silence for fear of reprisal or being branded a terrorist: “if we jump up and go ‘oh how dare you say this, rah, rah’, he’ll be like ‘oh he’s going to go off, he’ll blow something up’”. One research participant recalled that when his work colleagues were discussing the September 11 attacks he decided not to partake in the conversation because it “might be taken against me”. The participant made this decision despite the fact that his colleagues were expressing the opinion that United States foreign policy was the likely cause for the attacks—an opinion with which he agreed. This suggests some support for the theory that the fear of social isolation may make Australian Muslims especially anxious or fearful of expressing opinions about terrorism in public discussions (Noelle-Neumann). However, it also suggests that the fear of social isolation for Muslims is not solely related to the expression of minority opinion, as theorised in Noelle-Neumann’s Spiral of Silence . Given that many members of the wider community shared the theory that the attacks on the Pentagon and the World Trade Centre in 2001 may have been a response to American foreign policy, this may well not be a minority view. Nonetheless, Australian Muslims hesitated to embrace it. Saniotis draws attention to the pressure on Australian Muslims to publicly distance themselves from the terrorist attacks of September 11 and to openly denounce the actions of terrorists. The extent to which Muslims were positioned as a threatening other was contingent on their ability to demonstrate that they too participated in the distal responses to the terrorist attacks—initial pity for the sufferer and eventual marginalisation and rejection of the perceived aggressor. Australian Muslims were obliged to declare their loyalty and commitment to Australia’s ally and, in this way, partake in the nationalistic responses to the threat of terrorism. At the same time however, Australian Muslims were positioned as an imagined enemy and a threat to national identity. Australian Muslims were therefore placed in a paradoxical bind- as Australians they were expected to respond as the victims of fear; as Muslims they were positioned as the objects of fear. Even in discussions where their opinions are congruent with the dominant opinion being expressed, Australian Muslims describe themselves as feeling apprehensive or anxious about expressing their opinions because of how these “might be taken”. Pursuing alternative discourses The overriding message from the research project’s Muslim participants was that the media, as a powerful purveyor of public opinion, had inculcated a perception of Muslims as a risk to Australia and Australians: an ‘enemy within’; the potential ‘home grown terrorist’. The daily experience of visibly-different Australian Muslims, however, is that they are more fearing than fear-inspiring. The Aly and Balnaves fear scale indicates that Australian Muslims have twice as many fear indicators as non-Muslims Australians. Disengagement from Western media and media that is seen to be influenced or controlled by the West is widespread among Australian Muslims who increasingly argue that the media institutions are motivated by an agenda that includes profit and the perpetuation of a negative stereotype of Muslims both in Australia and around the globe, particularly in relation to Middle Eastern affairs. The negative stereotypes of Muslims in the Australian media have inculcated a sense of victimhood which Muslims in Australia have used as the basis for a reconstruction of their identity and the creation of alternative narratives of belonging (Aly). Central to the notion of identity among Australian Muslims is a sense of having their citizenship rights curtailed by virtue of their faith: of being included in a general Western dismissal of Muslims’ rights and experiences. As one interviewee said: If you look at the Channel Al Jazeera for example, it’s a channel but they aren’t making up stories, they are taping videos in Iraqi, Palestine and other Muslim countries, and they just show it to people, that’s all they do. And then George Bush, you know, we hear on the news that George Bush was discussing with Tony Blair that he was thinking to bomb Al Jazeera so why would these people have their right to freedom and we don’t? So that’s why I think the people who are in power, they have the control over the media, and it’s a big political game. Because if it wasn’t then George Bush, he’s the symbol of politics, why would he want to bomb Al Jazeera for example? Amidst leaks and rumours (Timms) that the 2003 US bombing of Al Jazeera was a deliberate attack upon one of the few elements of the public sphere in which some Western-nationality Muslims have confidence, many elements of the mainstream Western media rose to Al Jazeera’s defence. For example, using an appeal to the right of citizens to engage in and consume free speech, the editors of influential US paper The Nation commented that: If the classified memo detailing President Bush’s alleged proposal to bomb the headquarters of Al Jazeera is provided to The Nation, we will publish the relevant sections. Why is it so vital that this information be made available to the American people? Because if a President who claims to be using the US military to liberate countries in order to spread freedom then conspires to destroy media that fail to echo his sentiments, he does not merely disgrace his office and soil the reputation of his country. He attacks a fundamental principle, freedom of the press—particularly a dissenting and disagreeable press—upon which that country was founded. (cited in Scahill) For other Australian Muslims, it is the fact that some media organisations have been listed as banned by the US that gives them their ultimate credibility. This is the case with Al Manar, for example. Feeling that they are denied access to public spaces to partake in democratic dialogue as equal political citizens, Australian Muslims are pursuing alternative communicative spaces that support and reinforce their own cultural worldviews. The act of engaging with marginalised and alternative communicative spaces constitutes what Clifford terms ‘collective practices of displaced dwelling’. It is through these practices of displaced dwelling that Australian Muslims essentialise their diasporic identity and negotiate new identities based on common perceptions of injustice against Muslims. But you look at Al Jazeera they talk in the same tongue as the Western media in our language. And then you look again at something like Al Manar who talks of their own tongue. They do not use the other media’s ideas. They have been attacked by the Australians, been attacked by the Israelis and they have their own opinion. This statement came from an Australian Muslim of Jordanian background in her late forties. It reflects a growing trend towards engaging with media messages that coincide with and reinforce a sense of injustice. The Al Manar television station to which this participant refers is a Lebanese based station run by the militant Hezbollah movement and accessible to Australians via satellite. Much like Al Jazeera, Al Manar broadcasts images of Iraqi and Palestinian suffering and, in the recent war between Israel and Hezbollah, graphic images of Lebanese casualties of Israeli air strikes. Unlike the Al Jazeera broadcasts, these images are formatted into video clips accompanied by music and lyrics such as “we do not fear America”. Despite political pressure including a decision by the US to list Al Manar as a terrorist organisation in December 2004, just one week after a French ban on the station because its programming had “a militant perspective with anti-Semitic connotations” (Jorisch), Al Manar continued to broadcast videos depicting the US as the “mother of terrorism”. In one particularly graphic sequence, the Statue of Liberty rises from the depths of the sea, wielding a knife in place of the torch and dripping in blood, her face altered to resemble a skull. As she rises out of the sea accompanied by music resembling a funeral march the following words in Arabic are emblazoned across the screen: On the dead bodies of millions of native Americans And through the enslavement of tens of millions Africans The US rose It pried into the affairs of most countries in the world After an extensive list of countries impacted by US foreign policy including China, Japan, Congo, Vietnam, Peru, Laos, Libya and Guatamala, the video comes to a gruelling halt with the words ‘America owes blood to all of humanity’. Another video juxtaposes images of Bush with Hitler with the caption ‘History repeats itself’. One website run by the Coalition against Media Terrorism refers to Al Manar as ‘the beacon of hatred’ and applauds the decisions by the French and US governments to ban the station. Al Manar defended itself against the bans stating on its website that they are attempts “to terrorise and silence thoughts that are not in line with the US and Israeli policies.” The station claims that it continues on its mission “to carry the message of defending our peoples’ rights, holy places and just causes…within internationally agreed professional laws and standards”. The particular brand of propaganda employed by Al Manar is gaining popularity among some Muslims in Australia largely because it affirms their own views and opinions and offers them opportunities to engage in an alternative public space in which Muslims are positioned as the victims and not the aggressors. Renegotiating an ‘Othered’ Identity The negative portrayal of Muslims as ‘other’ in the Australian media and in political discourse has resulted in Australian Muslims constructing alternative identities based on a common perception of injustice. Particularly since the terrorist attacks on the World Trade Centre in September 2001 and the ensuing “war on terror”, the ethnic divisions within the Muslim diaspora are becoming less significant as Australian Muslims reconstruct their identity based on a notion of supporting each other in the face of a global alliance against Islam. Religious identity is increasingly becoming the identity of choice for Muslims in Australia. This causes problems, however, since religious identity has no place in the liberal democratic model, which espouses secularism. This is particularly the case where that religion is sometimes constructed as being at odds with the principles and values of liberal democracy; namely tolerance and adherence to the rule of law. This problematic creates a context in which Muslim Australians are not only denied their heterogeneity in the media and political discourse but are dealt with through an understanding of Islam that is constructed on the basis of a cultural and ideological clash between Islam and the West. Religion has become the sole and only characteristic by which Muslims are recognised, denying them political citizenship and access to the public spaces of citizenship. Such ‘essentialising practices’ as eliding considerable diversity into a single descriptor serves to reinforce and consolidate diasporic identity among Muslims in Australia, but does little to promote and assist participatory citizenship or to equip Muslims with the tools necessary to access the public sphere as political citizens of the secular state. In such circumstances, the moderate Muslim may be not so much a ‘preferred’ citizen as one whose rights has been constrained. Acknowledgment This paper is based on the findings of an Australian Research Council Discovery Project, 2005-7, involving 10 focus groups and 60 in-depth interviews. The authors wish to acknowledge the participation and contributions of WA community members. References Akbarzadeh, Shahram, and Bianca Smith. The Representation of Islam and Muslims in the Media (The Age and Herald Sun Newspapers). Melbourne: Monash University, 2005. Aly, Anne, and Mark Balnaves. ”‘They Want Us to Be Afraid’: Developing Metrics of the Fear of Terrorism.” International Journal of Diversity in Organisations, Communities and Nations 6 (2007): 113-122. Aly, Anne. “Australian Muslim Responses to the Discourse on Terrorism in the Australian Popular Media.” Australian Journal of Social Issues 42.1 (2007): 27-40. Clifford, James. Routes: Travel and Translation in the Late Twentieth Century. London: Harvard UP, 1997. Haas, Tanni. “The Public Sphere as a Sphere of Publics: Rethinking Habermas’s Theory of the Public Sphere.” Journal of Communication 54.1 (2004): 178- 84. Jorisch, Avi. J. “Al-Manar and the War in Iraq.” Middle East Intelligence Bulletin 5.2 (2003). Noelle-Neumann, Elisabeth. “The Spiral of Silence: A Theory of Public Opinion.” Journal of Communication 24.2 (1974): 43-52. “Online Archives of California”. California Digital Library. n.d. Feb. 2008 < http://content.cdlib.org/ark:/13030/kt1199n498/?&query= %22open%20platform%22&brand=oac&hit.rank=1 >. Panopoulos, Sophie. Parliamentary debate, 5 Sep. 2005. Feb. 2008 < http://www.aph.gov.au.hansard >. Saniotis, Arthur. “Embodying Ambivalence: Muslim Australians as ‘Other’.” Journal of Australian Studies 82 (2004): 49-58. Scahill, Jeremy. “The War on Al-Jazeera (Comment)”. 2005. The Nation. Feb. 2008 < http://www.thenation.com/doc/20051219/scahill >. Timms, Dominic. “Al-Jazeera Seeks Answers over Bombing Memo”. 2005. Media Guardian. Feb. 2008 < http://www.guardian.co.uk/media/2005/nov/23/iraq.iraqandthemedia >.
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16

Aly, Anne, and Lelia Green. "‘Moderate Islam’." M/C Journal 10, no. 6 (April 1, 2008). http://dx.doi.org/10.5204/mcj.2721.

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On 23 August 2005, John Howard, then Prime Minister, called together Muslim ‘representatives’ from around the nation for a Muslim Summit in response to the London bombings in July of that year. One of the outcomes of the two hour summit was a Statement of Principles committing Muslim communities in Australia to resist radicalisation and pursue a ‘moderate’ Islam. Since then the ill-defined term ‘moderate Muslim’ has been used in both the political and media discourse to refer to a preferred form of Islamic practice that does not challenge the hegemony of the nation state and that is coherent with the principles of secularism. Akbarzadeh and Smith conclude that the terms ‘moderate’ and ‘mainstream’ are used to describe Muslims whom Australians should not fear in contrast to ‘extremists’. Ironically, the policy direction towards regulating the practice of Islam in Australia in favour of a state defined ‘moderate’ Islam signals an attempt by the state to mediate the practice of religion, undermining the ethos of secularism as it is expressed in the Australian Constitution. It also – arguably – impacts upon the citizenship rights of Australian Muslims in so far as citizenship presents not just as a formal set of rights accorded to an individual but also to democratic participation: the ability of citizens to enjoy those rights at a substantive level. Based on the findings of research into how Australian Muslims and members of the broader community are responding to the political and media discourses on terrorism, this article examines the impact of these discourses on how Muslims are practicing citizenship and re-defining an Australian Muslim identity. Free Speech Free speech has been a hallmark of liberal democracies ever since its defence became part of the First Amendment to the United States Constitution. The Australian Constitution does not expressly contain a provision for free speech. The right to free speech in Australia is implied in Australia’s ratification of the United Nations Universal Declaration of Human Rights (UDHR), article 19 of which affirms: Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The ultimate recent endorsement of free speech rights, arguably associated with the radical free speech ‘open platform’ movement of the 1960s at the University of California Berkeley, constructs free speech as essential to human and civil liberties. Its approach has been expressed in terms such as: “I reject and detest XYZ views but will defend to the utmost a person’s right to express them”. An active defence of free speech is based on the observation that, unless held to account, “[Authorities] would grant free speech to those with whom they agree, but not to minorities whom they consider unorthodox or threatening” (“Online Archives of California”). Such minorities, differing from the majority view, do so as a right accorded to citizens. In very challenging circumstances – such as opposing the Cold War operations of the US Senate Anti-American Activities Committee – the free speech movement has been celebrated as holding fast (or embodying a ‘return’) to the true meaning of the American First Amendment. It was in public statements of unpopular and minority views, which opposed those of the majority, that the right to free speech could most non-controvertibly be demonstrated. Some have argued that such rights should be balanced by anti-vilification legislation, by prohibitions upon incitement to violence, and by considerations as to whether the organisation defended by the speaker was banned. In the latter case, there can be problems with excluding the defence of banned organisations from legitimate debate. In the 1970s and 1980s, for example, Sinn Fein was denounced in the UK as the ‘political wing of the IRA’ (the IRA being a banned organisation) and denied a speaking position in many forums, yet has proved to be an important party in the eventual reconciliation of the Northern Ireland divide. In effect, the banning of an organisation is a political act and such acts should best be interrogated through free speech and democratic debate. Arguably, such disputation is a responsibility of an involved citizenry. In general, liberal democracies such as Australia do not hesitate to claim that citizens have a right to free speech and that this is a right worth defending. There is a legitimate expectation by Australians of their rights as citizens to freedom of expression. For some Australian Muslims, however, the appeal to free speech seems a hollow one. Muslim citizens run the risk of being constructed as ‘un-Australian’ when they articulate their concerns or opinions. Calls by some Muslim leaders not to reprint the Danish cartoons depicting images of the Prophet Mohammed for example, met with a broader community backlash and drew responses that, typically, constructed Muslims as a threat to Australian cultural values of freedom and liberty. These kinds of responses to expressions by Australian Muslims of their deeply held convictions are rarely, if ever, interpreted as attempts to curtail Australian Muslims’ rights to free speech. There is a poor fit between what many Australian Muslims believe and what they feel the current climate in Australia allows them to say in the public domain. Positioned as the potential ‘enemy within’ in the evolving media and political discourse post September 11, they have been allocated restricted speaking positions on many subjects from the role and training of their Imams to the right to request Sharia courts (which could operate in parallel with Australian courts in the same way that Catholic divorce/annulment courts do). These social and political restrictions lead them to question whether Muslims enjoy citizenship rights on an equal footing with Australians from the broader community. The following comment from an Australian woman, an Iraqi refugee, made in a research interview demonstrates this: The media say that if you are Australian it means that you enjoy freedom, you enjoy the rights of citizenship. That is the idea of what it means to be Australian, that you do those things. But if you are a Muslim, you are not Australian. You are a people who are dangerous, a people who are suspicious, a people who do not want democracy—all the characteristics that make up terrorists. So yes, there is a difference, a big difference. And it is a feeling all Muslims have, not just me, whether you are at school, at work, and especially if you wear the hijab. (Translated from Arabic by Anne Aly) At the same time, Australian Muslims observe some members of the broader community making strong assertions about Muslims (often based on misunderstanding or misinformation) with very little in the way of censure or rebuke. For example, again in 2005, Liberal backbenchers Sophie Panopoulos and Bronwyn Bishop made an emotive plea for the banning of headscarves in public schools, drawing explicitly on the historically inherited image of Islam as a violent, backward and oppressive ideology that has no place in Western liberal democracy: I fear a frightening Islamic class emerging, supported by a perverse interpretation of the Koran where disenchantment breeds disengagement, where powerful and subversive orthodoxies are inculcated into passionate and impressionable young Muslims, where the Islamic mosque becomes the breeding ground for violence and rejection of Australian law and ideals, where extremists hijack the Islamic faith with their own prescriptive and unbending version of the Koran and where extremist views are given currency and validity … . Why should one section of the community be stuck in the Dark Ages of compliance cloaked under a veil of some distorted form of religious freedom? (Panopoulos) Several studies attest to the fact that, since the terrorist attacks in the United States in September 2001, Islam, and by association Australian Muslims, have been positioned as other in the political and media discourse (see for example Aly). The construct of Muslims as ‘out of place’ (Saniotis) denies them entry and representation in the public sphere: a key requisite for democratic participation according to Habermas (cited in Haas). This notion of a lack of a context for Muslim citizenship in Australian public spheres arises out of the popular construction of ‘Muslim’ and ‘Australian’ as mutually exclusive modes of being. Denied access to public spaces to partake in democratic dialogue as political citizens, Australian Muslims must pursue alternative communicative spaces. Some respond by limiting their expressions to closed spheres of communication – a kind of enforced silence. Others respond by pursuing alternative media discourses that challenge the dominant stereotypes of Muslims in Western media and reinforce majority-world cultural views. Enforced Silence In closed spheres of discussion, Australian Muslims can openly share their perceptions about terrorism, the government and media. Speaking openly in public however, is not common practice and results in forced silence for fear of reprisal or being branded a terrorist: “if we jump up and go ‘oh how dare you say this, rah, rah’, he’ll be like ‘oh he’s going to go off, he’ll blow something up’”. One research participant recalled that when his work colleagues were discussing the September 11 attacks he decided not to partake in the conversation because it “might be taken against me”. The participant made this decision despite the fact that his colleagues were expressing the opinion that United States foreign policy was the likely cause for the attacks—an opinion with which he agreed. This suggests some support for the theory that the fear of social isolation may make Australian Muslims especially anxious or fearful of expressing opinions about terrorism in public discussions (Noelle-Neumann). However, it also suggests that the fear of social isolation for Muslims is not solely related to the expression of minority opinion, as theorised in Noelle-Neumann’s Spiral of Silence . Given that many members of the wider community shared the theory that the attacks on the Pentagon and the World Trade Centre in 2001 may have been a response to American foreign policy, this may well not be a minority view. Nonetheless, Australian Muslims hesitated to embrace it. Saniotis draws attention to the pressure on Australian Muslims to publicly distance themselves from the terrorist attacks of September 11 and to openly denounce the actions of terrorists. The extent to which Muslims were positioned as a threatening other was contingent on their ability to demonstrate that they too participated in the distal responses to the terrorist attacks—initial pity for the sufferer and eventual marginalisation and rejection of the perceived aggressor. Australian Muslims were obliged to declare their loyalty and commitment to Australia’s ally and, in this way, partake in the nationalistic responses to the threat of terrorism. At the same time however, Australian Muslims were positioned as an imagined enemy and a threat to national identity. Australian Muslims were therefore placed in a paradoxical bind- as Australians they were expected to respond as the victims of fear; as Muslims they were positioned as the objects of fear. Even in discussions where their opinions are congruent with the dominant opinion being expressed, Australian Muslims describe themselves as feeling apprehensive or anxious about expressing their opinions because of how these “might be taken”. Pursuing alternative discourses The overriding message from the research project’s Muslim participants was that the media, as a powerful purveyor of public opinion, had inculcated a perception of Muslims as a risk to Australia and Australians: an ‘enemy within’; the potential ‘home grown terrorist’. The daily experience of visibly-different Australian Muslims, however, is that they are more fearing than fear-inspiring. The Aly and Balnaves fear scale indicates that Australian Muslims have twice as many fear indicators as non-Muslims Australians. Disengagement from Western media and media that is seen to be influenced or controlled by the West is widespread among Australian Muslims who increasingly argue that the media institutions are motivated by an agenda that includes profit and the perpetuation of a negative stereotype of Muslims both in Australia and around the globe, particularly in relation to Middle Eastern affairs. The negative stereotypes of Muslims in the Australian media have inculcated a sense of victimhood which Muslims in Australia have used as the basis for a reconstruction of their identity and the creation of alternative narratives of belonging (Aly). Central to the notion of identity among Australian Muslims is a sense of having their citizenship rights curtailed by virtue of their faith: of being included in a general Western dismissal of Muslims’ rights and experiences. As one interviewee said: If you look at the Channel Al Jazeera for example, it’s a channel but they aren’t making up stories, they are taping videos in Iraqi, Palestine and other Muslim countries, and they just show it to people, that’s all they do. And then George Bush, you know, we hear on the news that George Bush was discussing with Tony Blair that he was thinking to bomb Al Jazeera so why would these people have their right to freedom and we don’t? So that’s why I think the people who are in power, they have the control over the media, and it’s a big political game. Because if it wasn’t then George Bush, he’s the symbol of politics, why would he want to bomb Al Jazeera for example? Amidst leaks and rumours (Timms) that the 2003 US bombing of Al Jazeera was a deliberate attack upon one of the few elements of the public sphere in which some Western-nationality Muslims have confidence, many elements of the mainstream Western media rose to Al Jazeera’s defence. For example, using an appeal to the right of citizens to engage in and consume free speech, the editors of influential US paper The Nation commented that: If the classified memo detailing President Bush’s alleged proposal to bomb the headquarters of Al Jazeera is provided to The Nation, we will publish the relevant sections. Why is it so vital that this information be made available to the American people? Because if a President who claims to be using the US military to liberate countries in order to spread freedom then conspires to destroy media that fail to echo his sentiments, he does not merely disgrace his office and soil the reputation of his country. He attacks a fundamental principle, freedom of the press—particularly a dissenting and disagreeable press—upon which that country was founded. (cited in Scahill) For other Australian Muslims, it is the fact that some media organisations have been listed as banned by the US that gives them their ultimate credibility. This is the case with Al Manar, for example. Feeling that they are denied access to public spaces to partake in democratic dialogue as equal political citizens, Australian Muslims are pursuing alternative communicative spaces that support and reinforce their own cultural worldviews. The act of engaging with marginalised and alternative communicative spaces constitutes what Clifford terms ‘collective practices of displaced dwelling’. It is through these practices of displaced dwelling that Australian Muslims essentialise their diasporic identity and negotiate new identities based on common perceptions of injustice against Muslims. But you look at Al Jazeera they talk in the same tongue as the Western media in our language. And then you look again at something like Al Manar who talks of their own tongue. They do not use the other media’s ideas. They have been attacked by the Australians, been attacked by the Israelis and they have their own opinion. This statement came from an Australian Muslim of Jordanian background in her late forties. It reflects a growing trend towards engaging with media messages that coincide with and reinforce a sense of injustice. The Al Manar television station to which this participant refers is a Lebanese based station run by the militant Hezbollah movement and accessible to Australians via satellite. Much like Al Jazeera, Al Manar broadcasts images of Iraqi and Palestinian suffering and, in the recent war between Israel and Hezbollah, graphic images of Lebanese casualties of Israeli air strikes. Unlike the Al Jazeera broadcasts, these images are formatted into video clips accompanied by music and lyrics such as “we do not fear America”. Despite political pressure including a decision by the US to list Al Manar as a terrorist organisation in December 2004, just one week after a French ban on the station because its programming had “a militant perspective with anti-Semitic connotations” (Jorisch), Al Manar continued to broadcast videos depicting the US as the “mother of terrorism”. In one particularly graphic sequence, the Statue of Liberty rises from the depths of the sea, wielding a knife in place of the torch and dripping in blood, her face altered to resemble a skull. As she rises out of the sea accompanied by music resembling a funeral march the following words in Arabic are emblazoned across the screen: On the dead bodies of millions of native Americans And through the enslavement of tens of millions Africans The US rose It pried into the affairs of most countries in the world After an extensive list of countries impacted by US foreign policy including China, Japan, Congo, Vietnam, Peru, Laos, Libya and Guatamala, the video comes to a gruelling halt with the words ‘America owes blood to all of humanity’. Another video juxtaposes images of Bush with Hitler with the caption ‘History repeats itself’. One website run by the Coalition against Media Terrorism refers to Al Manar as ‘the beacon of hatred’ and applauds the decisions by the French and US governments to ban the station. Al Manar defended itself against the bans stating on its website that they are attempts “to terrorise and silence thoughts that are not in line with the US and Israeli policies.” The station claims that it continues on its mission “to carry the message of defending our peoples’ rights, holy places and just causes…within internationally agreed professional laws and standards”. The particular brand of propaganda employed by Al Manar is gaining popularity among some Muslims in Australia largely because it affirms their own views and opinions and offers them opportunities to engage in an alternative public space in which Muslims are positioned as the victims and not the aggressors. Renegotiating an ‘Othered’ Identity The negative portrayal of Muslims as ‘other’ in the Australian media and in political discourse has resulted in Australian Muslims constructing alternative identities based on a common perception of injustice. Particularly since the terrorist attacks on the World Trade Centre in September 2001 and the ensuing “war on terror”, the ethnic divisions within the Muslim diaspora are becoming less significant as Australian Muslims reconstruct their identity based on a notion of supporting each other in the face of a global alliance against Islam. Religious identity is increasingly becoming the identity of choice for Muslims in Australia. This causes problems, however, since religious identity has no place in the liberal democratic model, which espouses secularism. This is particularly the case where that religion is sometimes constructed as being at odds with the principles and values of liberal democracy; namely tolerance and adherence to the rule of law. This problematic creates a context in which Muslim Australians are not only denied their heterogeneity in the media and political discourse but are dealt with through an understanding of Islam that is constructed on the basis of a cultural and ideological clash between Islam and the West. Religion has become the sole and only characteristic by which Muslims are recognised, denying them political citizenship and access to the public spaces of citizenship. Such ‘essentialising practices’ as eliding considerable diversity into a single descriptor serves to reinforce and consolidate diasporic identity among Muslims in Australia, but does little to promote and assist participatory citizenship or to equip Muslims with the tools necessary to access the public sphere as political citizens of the secular state. In such circumstances, the moderate Muslim may be not so much a ‘preferred’ citizen as one whose rights has been constrained. Acknowledgment This paper is based on the findings of an Australian Research Council Discovery Project, 2005-7, involving 10 focus groups and 60 in-depth interviews. The authors wish to acknowledge the participation and contributions of WA community members. References Akbarzadeh, Shahram, and Bianca Smith. The Representation of Islam and Muslims in the Media (The Age and Herald Sun Newspapers). Melbourne: Monash University, 2005. Aly, Anne, and Mark Balnaves. ”‘They Want Us to Be Afraid’: Developing Metrics of the Fear of Terrorism.” International Journal of Diversity in Organisations, Communities and Nations 6 (2007): 113-122. Aly, Anne. “Australian Muslim Responses to the Discourse on Terrorism in the Australian Popular Media.” Australian Journal of Social Issues 42.1 (2007): 27-40. Clifford, James. Routes: Travel and Translation in the Late Twentieth Century. London: Harvard UP, 1997. Haas, Tanni. “The Public Sphere as a Sphere of Publics: Rethinking Habermas’s Theory of the Public Sphere.” Journal of Communication 54.1 (2004): 178- 84. Jorisch, Avi. J. “Al-Manar and the War in Iraq.” Middle East Intelligence Bulletin 5.2 (2003). Noelle-Neumann, Elisabeth. “The Spiral of Silence: A Theory of Public Opinion.” Journal of Communication 24.2 (1974): 43-52. “Online Archives of California”. California Digital Library. n.d. Feb. 2008 http://content.cdlib.org/ark:/13030/kt1199n498/?&query= %22open%20platform%22&brand=oac&hit.rank=1>. Panopoulos, Sophie. Parliamentary debate, 5 Sep. 2005. Feb. 2008 http://www.aph.gov.au.hansard>. Saniotis, Arthur. “Embodying Ambivalence: Muslim Australians as ‘Other’.” Journal of Australian Studies 82 (2004): 49-58. Scahill, Jeremy. “The War on Al-Jazeera (Comment)”. 2005. The Nation. Feb. 2008 http://www.thenation.com/doc/20051219/scahill>. Timms, Dominic. “Al-Jazeera Seeks Answers over Bombing Memo”. 2005. Media Guardian. Feb. 2008 http://www.guardian.co.uk/media/2005/nov/23/iraq.iraqandthemedia>. Citation reference for this article MLA Style Aly, Anne, and Lelia Green. "‘Moderate Islam’: Defining the Good Citizen." M/C Journal 10.6/11.1 (2008). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0804/08-aly-green.php>. APA Style Aly, A., and L. Green. (Apr. 2008) "‘Moderate Islam’: Defining the Good Citizen," M/C Journal, 10(6)/11(1). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0804/08-aly-green.php>.
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