Muslims in the West caught between rights and duties
232 pages
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Muslims in the West caught between rights and duties

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This work is dedicated to problems brought about by the presence of Muslims in Switzerland. Even though the precise data for these problems differs slightly from one country to another, these problems are practically identical in Western countries where between fifteen and twenty million Muslims live. After a description of the Muslim view of minorities, this work presents Muslims' demands to find out to which level these demands can be taken in account: recognition, freedom of religion and worship, school, family law, food prohibitions and cemeteries. If the Muslim community continues at its present growth rate without adopting a more tolerant system of values, this community will represent a serious risk to the future of the democratic and legal system of Western countries, and will be able to endanger their territorial unity, as in former Yugoslavia. This work is written on a critical topic in this period of extreme global ten-sions. It is exceedingly beneficial for the Muslim community as well as the West. Both groups must learn to co-exist if we are to survive. To analyse problems is the first step in their solution. The Author Sami A. Aldeeb Abu-Sahlieh. Christian of Palestinian origin. Swiss citizen. Doctor in law. Habilitated to direct researches. Professor of universities (CNU-France). Responsible for Arab and Islamic Law at the Swiss Institute of Comparative Law (1980-2009). Visiting professor in different French, Italian and Swiss universities. Director of the Centre of Arab and Islamic Law. Author of many books, including a French, English and Italian translation of the Koran.

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Date de parution 23 novembre 2012
Nombre de lectures 0
EAN13 9781481060462
Langue English
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يملس لاو يبرعلا نوناقلا زكرم
Centre de droit arabe et musulman
Zentrum für arabisches und islamisches Recht
Centro di diritto arabo e musulmano
Centre of Arab and Islamic Law


MUSLIMS IN THE WEST
caught between rights and duties


Sami A. Aldeeb Abu-Sahlieh



















This book can be ordered online at
www.amazon.com
nd2 edition, 2012

Centre of Arab and Islamic Law
Created in May 2009, the Centre of Arab and Islamic Law provides legal
consultations, conferences, translations, research and courses concerning Arab and Islamic
Law, and the relation between Muslims and the West, assistance for students and
researchers. It allows also freely downloading a large number of writings from the
website www.sami-aldeeb.com.

The Author
Sami A. Aldeeb Abu-Sahlieh. Christian of Palestinian origin. Swiss citizen. Doctor
in law. Habilitated to direct researches. Professor of universities (CNU-France).
Responsible for Arab and Islamic Law at the Swiss Institute of Comparative Law
(1980-2009). Visiting professor in different French, Italian and Swiss universities.
Director of the Centre of Arab and Islamic Law. Author of many books, including
a French, English and Italian translation of the Koran.

Editions
Centre of Arab and Islamic Law
Ochettaz 17
Ch-1025 St-Sulpice
Tel: 0041 [0]21 6916585
Mobile: 0041 [0]78 9246196
Website: www.sami-aldeeb.com
Email: sami.aldeeb@yahoo.fr
© All rights reserved 2012
2 Summary
Summary................................................................................................................. 3
Foreword by Guy Hennebelle ................ 7
Introduction ............ 9
Part 1. The Muslim view of minorities ................................................................. 11
Chapter 1. Division inside the land of Islam ........................ 11
Chapter 2. Land of Islam & Land of Disbelief ..................... 18
Part 2. Minorities in Switzerland .......................................................................... 49
Chapter 1.Minorities in general ............ 49
Chapter 2.Linguistic and ethnic minorities ........................................................... 51
Chapter 3. Religious minorities ............ 52
Chapter 4. Minorities, the individual and the State .............. 55
Part 3. Muslims in Switzerland............................................................................. 57
Chapter 1.Recognition of Islam ............ 57
Chapter 2. Freedom of religion and worship ........................ 70
Chapter 3. School and religion ............. 91
Chapter 4. Family law ................................................................ 116
Chapter 5. Food prohibitions .............. 141
Chapter 6. religious cemeteries .......................................................................... 177
Conclusion ................................ 197
Appendices ......... 204
Table of contents ................................................................ 229



General observations
Transliteration
The Arabic alphabet can be transliterated in different ways. I avoid the scholarly
form because it is too complicated for a non-specialized reader. The following is
the equivalent of some Arabic letters:
' ء + ع gh غ
kh خ u + w و
d ض + د i + y ي
dh ظ + ذ t ط + ت
sh ش h ح + ـه
s ص + س j ج
Quotations from the Koran and the Bible
I will primarily use the translation of the Koran by Rashad Khalifa, which can be
found at http://www.moslem.org/English.html
Quotations from the Old and New Testament are taken from the Holy Bible: New
Revised Standard Version, Thomas Nelson Publishers, Nashville, 1992.
Footnotes
In footnotes, I mention the name of author and/or the first elements of the title.
Complete bibliographic data can be found at the end of the book.
Dates
Dates mentioned refer to the Christian era. For Arab authors and people, I used the
bibliographic dictionary: Al-Jabi: Mu'jam al-a'lam. The pertinent date of an
author's death is indicated when the author is quoted for the first time, as well as in
the bibliography.
Main abbreviations
st 1 aCst: Ancient Swiss Constitution of 1874, effective until December 31 , 1999 .
2 CCS: Swiss Civil Code .
Covenant on civil rights: International covenant on civil and political rights.
d. (ca): died (circa).
ECHR: European Convention of Human Rights.
3 SPIL: Swiss Private International Law .
st 1 nCst: New Swiss Constitution of 1998, effective January 1 , 2000 .

1 I used the translation published in Constitutions of the Countries of the world, Oceana
publications, Dobbs Ferry, New York.
2 I used partially the translation of the Swiss Civil Code done by Shick, completely reset by Wyler
and Wyler.
3 I used the translation done by Karrer, Arnold and Patochhi.
Par.: Paragraph.
UDHR: Universal Declaration of Human Rights.

1 I used the translation done by Susan Emmenegger which can be found in:
http://www.uniwuerzburg.de/law/sz00000_.html
6 Foreword
1by Guy Hennebelle
When the author of this book asked me to write a two-page preface for him, I was
intrigued by his proposal he addressed to the inspirator of a volume of the
magazine Panoramiques whose title is criticized by him: Is Islam Free to be Critical?
But this obvious contradiction was not displeasing for me to explore, because
Panoramiques, founded in 1991, is a bimonthly publication that contradicts the
warhorses against politically correctness; alas, a present wound in the West in general
and France, my country, in particular. Nevertheless, this volume (distributed, not
without paradox, in Algeria, under the title, “Islam opens up to free criticism”- at
the request of my Algerian partner) constitutes a first of its kind. It is the first time,
to my knowledge, that Muslim believers (united by an Islamic magazine from
France) have accepted the principle of academic debate, fair play and fifty-fifty
dialogue with atheists, agnostics and critics of Muslim origin! Exchange of views
advised against, or otherwise forbidden, by Islam itself, that enjoins its adherents
to kill apostates (Dr. Aldeeb recalls this in this book).
It is not altogether surprising that this author initiated such debate, in light of his
origins (as a Christian Palestinian). By definition he is not Muslim and therefore
open to originate dialogue. In this work he calls a cat “a cat” and refuses the
practice, too frequent in Muslim surroundings, to duplicate language or conceptual
restriction that in French we call jésuitisme and in Islam, especially Shiite,
taqiy2yah . He does not hide, for example, that only demographic mechanics will likely
bring about a Muslim majority in Switzerland by the year 2020. This projection led
French author Jean-Paul Gourévitch to likewise write his third volume, African
France, in a trilogy on consequences of immigration to France.
For a long time until now, the responsible press, especially among leftists and
extreme-leftists in France, has forbidden the idea that assimilation of first generation
immigrants from Arabia and Africa is a potential problem. Now we are beginning
to realize that such population influxes intensify problems that only, yesterday
were being caused by an influx of immigrants with European origin: Italian,
Spanish, Polish, Portuguese, or even Jews of central Europe. Hence, following
republican principles that a man is a man, any man is worth any man, it was assumed that
these new immigration waves would have no greater affect on society-at-large than
previously, and racists alone would dread demographic changes.
In French Algeria Jacques Soustelle did not hesitate to replace the term
assimilation with the term integration. He forged this concept in the last quarter hour of
thMay 13 , 1958, to thwart an independence movement, while guaranteeing to the
eight million Muslims of Algeria (since then, up to thirty-five million…) equality
with the million Europeans, while notably merging the two electoral colleges. In so

1 Director of Panoramiques Magazine.
2 The term taqiyyah is translated as dissimulation. Concerning this concept, see Part I, chap. II.2.
doing, Soustelle tactfully introduced an entirely new range of family laws to this
fully-fledged new French population, irrespective of all incompatible Muslim
arrangements with respect to the laws of a secular and democratic Republic, such as
polygamy, sexual inequality, inheritance, etc.
Yes, Sami Aldeeb, you are right to analyse all present or future consequences of
the presence of millions and millions of Muslim-origin neo-citizens in the West,
and in particular your country, Switzerland. I also do not forget that, following
Maxim Rodinson, legitimate claims by Palestinians are ignored as a result of
unjust infernal Jewish victims of yesterday (victims of victims, as designated by Ed-
ward Said). I also do not want to forget that the Christian Souha officially
converted to Islam to become Mrs Yasser Arafat! This same iniquitous Islamic
requirement is not required of the non-Muslim wife, but only of a future non-Muslim
husband! How to believe in a secular and democratic Palestine in these conditions?
How to believe Muslims when they declare that they fully admit the laws of
democratic countries, meanwhile they asked and obtained in France from the Ministry of
the Interior to suppress passages that recognize the right to change one’s religion?
At the time of the French Revolution, an elected (one mentions accordingly Abbé
Grégoire or Clermont-Tonnerre) who proclaimed firmly “it is necessary that the
Republic recognizes all Jews as individuals and never as a community”. Even
though it seems preferable to somewhat moderate the harshness of the subject to
accord with modern political sensibilities, I would rather not. I hope that France,
and more extensively Europe and the West in general will, through their own
virtues and freedoms, promote the birth of an ijtihadi Islam, which means an updated
Islam. One should repeat incessantly that it is far better to be an Arab or Muslim in
Europe than in any Arab and Muslim country! One should reject without any
hesitation the claims of Muslims who would want butter and the money of butter at a
time. One should clearly indicate to the stubborn: Love it, or leave it. If we allows
you to reconstitute the mental, behavioural and legal norms that precisely led to
your historic decline, you would end by dragging us into the tragic regression that
makes one billion two hundred million Muslims wallow in misery from Morocco
to Indonesia.
For our part, this firmness of mind must accompany a resumption of our faltering
birth rate and mixed marriage acceleration. In default, mini-Kosovos will be creat-
ed with the consequences observed in the Balkans and elsewhere.
8 Introduction
I will not speak here of Islam, but of Muslims. Islam, like Christianity or Judaism,
is an abstraction that does not exist as a body or entity in itself. The use of the
1word Islam in titles such as Islam in the Republic and Is Islam Free to be
Criti2cal? is wholly erroneous. These titles should rather be Muslims in the Republic
and Are Muslims Free to be Critical? In this work, I use the term Islam only in
quotes from other sources.
This book, which is also available in French, published by L’Harmattan, Paris,
2002, is devoted to problems created by the presence of Muslims in a Western
country, such as Switzerland. Even though the data concerning these problems
defers somewhat from one country to another, Muslims raise nearly identical
problems everywhere they settle in the West; where now between fifteen and twenty
million Muslims live. The information is just as applicable to the situation found in
the United States, which has more than five million Muslims, and most recently
has felt tragic effects of this cultural clash.
To understand these problems, the first part of this work describes the classic
Muslim view of minorities and current implications. The second section concerns
linguistic, ethnic and religious minorities specifically in Switzerland. The third part
explores several domains of Muslim values, to find out to what extend these values
can be accommodated in Switzerland. I list these as follows: recognition, freedom
of religion, school, family law, food prohibitions and cemeteries.
The Muslim minority in Switzerland is now the third largest religious community,
following Protestants and Catholics. At its present growth rate, in less than twenty
years, it will be the largest religious community, and even reach population
majority. If the Muslim community is not integrated in time and its value system does not
adapt to larger society, they will represent a real risk for the democratic and legal
system in Switzerland, and indeed for every Western country. The endangering of
territorial unity is already shown in ex-Yugoslavia; now ravaged by religious
factions. This risk must be taken seriously in all Western countries (the United States,
France, Germany, Britain and Italy) where increasingly high numbers of Muslims
live.
I know this work touches on a very sensitive topic, in this period of tension
between the Western world and the Muslim world. A reason for this tension is lack
of intention transparency on both sides. Nothing is worse than to pretend all is
thgoing well and then to awake one morning, as on September 11 , 2001, with a
horror that we could have easily avoided with healthier reports and greater global
understanding. Therefore, a reciprocal information work, such as this one, is just as
thbeneficial to the Muslim community as for the West (concerning September 11 ,

1 Rapport établi par le Haut Conseil à l’intégration en France, November 2000.
2 o Title of the periodical Panoramiques, n 50, 2001.
see appendices 1 and 2 at the end of this work). To appreciate problems constitutes
a predisposition to find their solution.
Muhammad (d. 632) said, “If the judge provides an effort and gives back a suitable
judgment, he has gained two merits, but if he is mistaken in his judgment he has
1just one merit” . I do not pretend to have diagnosed all problems, nor propose
infallible solutions, but I hope at least to have achieved some merit for my effort. It
is incumbent upon other researchers to pursue this effort and, possibly, to correct
findings in it. In this regard, I remain open to all suggestions or constructive re-
marks from my readers.
Before finishing this introduction, I wish to express my deep gratitude to those that
corrected and commented on this text. I remain however uniquely responsible for
mistakes and opinions herein.

1 Al-Bukhari, narrative 6805.
10