Legal Integration of Islam: A Transatlantic Comparison

The status of Islam in Western societies remains deeply contentious. Countering strident claims on both the right and left, Legal Integration of Islam offers an empirically informed analysis of how four liberal democracies—France, Germany, Canada, and the United States—have responded to the challenge of integrating Islam and Muslim populations. Demonstrating the centrality of the legal system to this process, Christian Joppke and John Torpey reject the widely held notion that Europe is incapable of accommodating Islam and argue that institutional barriers to Muslim integration are no greater on one side of the Atlantic than the other. While Muslims have achieved a substantial degree of equality working through the courts, political dynamics increasingly push back against these gains, particularly in Europe. From a classical liberal viewpoint, religion can either be driven out of public space, as in France, or included without sectarian preference, as in Germany. But both policies come at a price—religious liberty in France and full equality in Germany. Often seen as the flagship of multiculturalism, Canada has found itself responding to nativist and liberal pressures as Muslims become more assertive. And although there have been outbursts of anti-Islamic sentiment in the United States, the legal and political recognition of Islam is well established and largely uncontested. Legal Integration of Islam brings to light the successes and the shortcomings of integrating Islam through law without denying the challenges that this religion presents for liberal societies.

Identity, Philosophy, and the Problem of Armenian History in the Sixth Century

History and Identity in the Late Antique Near East gathers together the work of distinguished historians and early career scholars with a broad range of expertise to investigate the significance of newly emerged, or recently resurrected, ethnic identities on the borders of the eastern Mediterranean world. It focuses on the "long late antiquity" from the eve of the Arab conquest of the Roman East to the formation of the Abbasid caliphate. The first half of the book offers papers on the Christian Orient on the cusp of the Islamic invasions. These papers discuss how Christians negotiated the end of Roman power, whether in the selective use of the patristic past to create confessional divisions or the emphasis of the shared philosophical legacy of the Greco-Roman world. The second half of the book considers Muslim attempts to negotiate the pasts of the conquered lands of the Near East, where the Christian histories of Hira or Egypt were used to create distinctive regional identities for Arab settlers. Like the first half, this section investigates the redeployment of a shared history, this time the historical imagination of the Qu'ran and the era of the first caliphs. All the papers in the volume bring together studies of the invention of the past across traditional divides between disciplines, placing the re-assessment of the past as a central feature of the long late antiquity. As a whole, History and Identity in the Late Antique Near East represents a distinctive contribution to recent writing on late antiquity, due to its cultural breadth, its interdisciplinary focus, and its novel definition of late antiquity itself.

A Christian Identity for the Liberal State?

It seems to be impossible for the liberal state to embrace a Christian identity, because ‘liberalism’ is exactly a device for separating state and religion. Discussing the implications of a recent decision of the European Court of Human Rights, Lautsi v. Italy (2011), I argue that this is not necessarily so. If paired with a liberal commitment to pluralism, a Christian identity might even be more inclusive of minority religions than a narrowly ‘liberal’ state identity, which has been the dominant response in Western Europe to the challenge of immigrant diversity, especially that of Muslim origins.

Repression, Anpassung, Neuorientierung: Islamische Bildung im sowjetischen und post- sowjetischen Raum

How did Islam survive in the Soviet Union, and how did it develop since 1991? In four case studies and four longitudinal surveys, senior specialists from the area and two German junior scholars discuss the transformations of Islam in Tatarstan, Azerbaijan, Daghestan, Uzbekistan and Tajikistan. Several chapters analyze the Bolsheviks’ attack on Islam since the 1920s. Altay Göyüşov and Il’nur Minnullin demonstrate how the Soviets first attempted to draw some groups of Muslim scholars and intellectuals to their side, in Azerbaijan and Tatarstan, respectively. In the early 1930s collectivization and outright state terror made a complete end to the Islamic infrastructure, including mosques and pious foundations, Muslim village courts (as shown by Vladimir Bobrovnikov for Dagestan), Islamic educational institutions (as documented by Aširbek Muminov for Uzbekistan), as well as the Muslim press (analyzed by Dilyara Usmanova for Tatarstan); also Sufi brotherhoods became a main target of violent repression (Šamil‘ Šixaliev, for Dagestan). Repression was followed by the establishment of a modus vivendi between state and religion in the post-war period (Muminov, Bobrovnikov, Šixaliev), and by the instrumentalization of religion for patriotic purposes in the post-Soviet Caucasus and Central Asia (Christine Hunner-Kreisel, Manja Stephan, both based on fieldwork). By the early 2000s Islam was almost everywhere back under full state control; the leading role of the state for defining „good“ and „bad“ Islam is largely taken for granted. While similar forms of state pressure in all regions thus allow us to draw an overall picture of how Islamic traditions were repressed and reanimated, the „archival revolution“ of the early 1990s provides fascinating insights into the specific developments in the individual regions, and into the adaptation strategies of the Muslim scholars and intellectuals on the spot. Still, the Soviet heritage is still very palpable; also the attempts to leapfrog the Soviet period and to link up again with the individual local Islamic traditions from before 1917, and even the negation of the Soviet experience in the form of embracing Islamic trends from abroad, are often still couched in largely Soviet mental frameworks.

"Progressiver Islam" im ausgehenden Zarenreich: Das Plädoyer des St. Petersburger Imams und Regierungsbeamten Ataulla Bajazitov (1846-1911) für die Partizipation der Muslime an der modernen Zivilisation

Ataulla Bajazitov (1846-1911) fulfilled a social double role by serving his Tatar community in St. Petersburg as imam and the Russian state as military Muslim ‘cleric’, translator and teacher. By founding Russia’s first monolingual Tatar newspaper, initiating St. Petersburg’s first Friday mosque and presenting scriptural and rational arguments for the compatibility of Islam and the modern Civilization to a Russian-speaking public as early as 1883, he has been a pioneer among the Muslims in Russia in several respects. In contrast though to similar activities of his Russian contemporary, the Krim Tatar Ismail Gasprinskii (1851-1914), Bajazitov’s endeavours have remained almost unnoticed in Western scholarship. Also in Tatarstan, his books have been only recently reprinted. The present study analyzes Bajazitov’s three monographs written in Russian, namely A Response to Ernest Renan’s lecture “Islam and Science” (1883), The Relationship of Islam towards Science and People of Different Faith (1887) and Islam and Progress (1898). There, he exposes many positions that around that time started to become key arguments of Muslim reformers in the Near East for the progressivness of Islam. The study takes also into account reactions to Bajazitov’s monographs by Russian officers in Tashkent who tried to demonstrate the backwardness of Islam, especially Nikolai Petrovič Ostroumov’s (1846-1930) response in his book entitled Quran and Progress – On the intellectual awakening of today’s Russian Muslims (1901/1903).

Wie fremdenfeindlich ist die Schweiz? Fünf Feldexperimente über prosoziales Verhalten und die Diskriminierung von Ausländern

Umfragen über Vorurteile führen oft zu verzerrten Ergebnissen, da die Befragten häufig „sozial erwünschte“ Antworten geben. In unserer Studie über Vorurteile und Diskriminierung haben wir dagegen vier Feldexperimente in der Stadt Zürich durchgeführt, in denen jeweils von Angehörigen verschiedener Nationalitäten oder religiöser Gruppen eine Hilfeleistung erbeten wurde. Beispielsweise wurden Passanten von einer Person mit Kopftuch um eine Hilfeleistung gebeten; in der Kontrollbedingung dagegen ohne Kopftuch. In einem anderen Experiment wurden Personen in Hochdeutsch angesprochen und in der Kontrollsituation im Schweizer Dialekt. Ein fünftes Experiment bezog sich auf die Reaktionen von Arbeitgebern auf Initiativbewerbungen. Es zeigte sich, dass im Alltagsverhalten keine signifikanten Unterschiede im Ausmaß der Hilfeleistung zwischen den Gruppen nachweisbar waren. Alle vier Experimente zu kleinen Hilfen im Alltag ergaben weder bezüglich Deutschen noch muslimischen Minderheiten Hinweise auf diskriminierendes Verhalten. Deutliche Hinweise gibt es dagegen für die Diskriminierung bestimmter ethnischer Gruppen auf dem Arbeitsmarkt, auch wenn Bewerber die gleiche Qualifikation wie Schweizer und die Schweizer Staatsbürgerschaft besitzen.

Swiss Shock: Minaret Rejection, European Values, and the Challenge of Tolerant neutrality

In 2009 Switzerland, for long an apparent beacon of European toleration and neutrality, voted to ban the erection of minarets. Internal religious matters are normally dealt with at the regional or local level – not at the level of the Swiss national parliament, although the state does seek to ensure good order and peaceful relations between different faith communities. Indeed, the freedom of these communities to believe and function publicly is enshrined in law. However, as a matter of national policy, now constitutionally embedded, one religious group, the Muslim group, is not permitted to build their distinctive religious edifice, the minaret. Switzerland may have joined the rest of Europe with respect to engaging the challenge of Islamic presence to European identity and values, but the rejection of a symbol of the presence of one faith – in this case, Islamic – by a society that is otherwise predominantly secular, pluralist, and of Christian heritage, poses significant concerns. How and why did this happen? What are the implications? This paper will discuss some of the issues involved, concluding the ban is by no means irreversible. Tolerant neutrality may yet again be a leitmotif of Swiss culture and not just of foreign policy.

Troublesome Issues: Current Debates on Tensions between Gender Equality and Cultural Diversity in Austria

This paper will first deal with the legal and social situation of Islam and Muslims in Austria and then turn to particular “troublesome issues” at the intersection of gender equality and ethnic/religious diversity. The public debate on Muslims particularly focuses on the notion “not willing to integrate” and in the assumption of “parallel societies”. Hierarchical gender relations and “harmful traditions” such as veiling, female genital cutting, forced marriage and honour based violence recently became the centre of attention. We will show that the Austrian debate on these issues is shaped by the idea of “dangerous cultural difference” as something coming from outside and being concentrated in segregated Muslim enclaves. Despite the public authorities’ rejection of the idea that Islam was responsible for “harmful traditions”, legal as well as political measures in Austria not only combat violence against women but also fuel “cultural anxieties” between different ethnic and religious groups.

Islam and the Legal Enforcement of Morality

Over sixty years ago, British high court judge Patrick Devlin and legal philosopher H.L.A. Hart fought out a famous debate over the legal enforcement of morality, which was generated by the question whether homosexuality should be legalized or not. Jurists agree that this debate was won by Hart, also evidenced in the fact that the state has since been retreating from its previous role of moral watchdog. I argue in this paper that the two most conflicted and essentially unresolved issues in the integration of Islam, the regulation of the female body and of free speech, have reopened this debate anew, pushing the liberal state toward the legal regulation of morality, thus potentially putting at risk its liberalness. I use the Hart-Devlin debate as a template for comparing and contrasting the Muslim quest for restricting free speech with the host-society quest for restricting the Islamic veil. Accordingly, there is a double threat to liberalism, which this paper brings into view in tandem, one originating from Islam and another from a hypertrophied defense of liberalism.

Europe and Islam: Alarmists, Victimists, and Integration by Law

This article reviews the minefield of Muslim integration in Europe, paying special attention to the legal integration of Islam, which has not yet found the attention that it deserves. In a first step, the article contrasts ‘victimist’ and ‘alarmist’ views on contemporary Muslim integration, both of which are found misleading. Instead, as argued in the second part, significant progress has been made through the legal route. The conclusion provides a reflection on the role of Islam for Europe’s ‘liberal identity’ today.

European Immigrant Integration after Multiculturalism

This paper takes the recent abdication of multiculturalism by the leaders of Europe’s most powerful nations (Germany, France, and Britain) as hub for a reflection on common themes in Europe’s crisis of multiculturalism. The most obvious common theme in this crisis is Islam and problems of Muslim integration. Accordingly, this paper addresses the role of religion and Islam in Europe’s multiculturalism crisis, and elaborates on the “muscular liberalism” or “civic integration” policies that have appeared in lieu of a discarded multiculturalism. In a final step, I tackle, in a forward-looking mode, some “critical issues” that will shape European immigrant integration after multiculturalism: the need to fight discrimination despite multiculturalism’s ebb, a greater concern for majority culture, the importance of robust debate and democracy as medium of integration, the often-neglected factor of immigrant selection, and a recognition that institutions matter more than policy in the process of integration.

Ancient History as a Means of Transforming Colonial India in the Late-Eighteenth and Early-Nineteenth Centuries

This article focuses on the studies and discourses of mostly British scholars of the early colonial period belonging to two schools of thought. It shows how the studies of both schools – European orientalism and utilitarianism – were intricately connected to the political development of the emerging British paramountcy over the South Asian sub-continent, as both were looking for means of establishing and/or strengthening colonial rule. Nevertheless, the debate was not just a continuation of discussions in Europe. Whereas the ideas of the European Enlightenment had some influence, the transformation of the Mughal Empire and especially the idea of a decline of Muslim rule offered ample opportunities for understanding the early history of India either as some sort of “Golden Age,” as the orientalists and their indigenous supporters did, or as something static and degenerate, as the utilitarians did, and from which the population of sub-continent had to be saved by colonial rule and colonial values. Fearing the spread of the ideas of the French Revolution, the first group of British scholars sought to persuade the native elites of South Asia to take the lessons of their past for the future development of their homeland. Just as the classicists back in Europe, these scholars were convinced that large-scale explanations of the past could also teach political and moral lessons for the present although it was important to deal with the distant past in an empirical manner. The utilitarians on the other hand believed that India had to be saved from its own depravity through the English language and Western values, which amounted to nothing less than the modern transformation of the true Classical Age.

Anke von Kügelgen on Contemporary Islamic Thought

Anke von Kügelgen joins Peter to discuss developments over the last century or so, including attitudes towards past thinkers like Avicenna, Averroes and Ibn Taymiyya. This interview is based on research conducted to write a forthcoming book on Philosophy in the Islamic world in the 19th and 20th centuries, to be co-edited by Prof von Kügelgen together Professor Ulrich Rudolph, and Michael Frey as redactor. It will be the fourth volume of a German Overview of the whole history of philosophy in the Islamic world (Grundriss der Geschichte der Philosophie in der islamischen Welt, published by Schwabe Verlag in Basel). Prof von Kügelgen would like to recognize the contribution of her collaborators: her main partner for the philosophy in the Arab speaking countries is Sarhan Dhouib, originally from Tunesia, now at the University of Kassel. For Muslim Southasia, she is working with Jan Peter Hartung from the SOAS in London, and for Iran, Reza Hajatpour, Katajun Amirpur and Roman Seidel who are all at present at German Universities. The part on Philosophy in the Ottoman Empire is written by Sait Özervarlı from the Yildiz Teknik Universitesi in Istanbul and for Turkey by Christoph Herzog from the University of Bamberg.