Ikhtilāf al-maṭāli‘ and the modern nation-state : the transformation of Islamic legal discourse

Abstract

This thesis examines the transformation of ikhtilāf al-maṭāli‘ in the modern era. It traces the historical development of the classical doctrine, analyzes its contemporary applications, and explores the contexts that have shaped its modern interpretation and practice. Through analysing its theory in fiqh books, the practice in relevant fatwas and documents from Islamic institutions in Indonesia, Saudi Arabia and Egypt as case studies, especially in late twentieth and early twenty-first century, I find that classical Muslim scholars emphasize the distance as decisive feature in discussions of ikhtilāf al-maṭāli‘. However, the modern ulama emphasize the modern nation-state territory as the base for the topic. While the major opinion of Islamic jurisprudence schools is disregarding ikhtilāf al-maṭāli‘ which means if the new moon is sighted in one balad then all places and people must follow the ruling, the modern Muslim scholars choose the minor opinion, considering ikhtilāf al-maṭāli‘ which means different moon sighting might mean different rulings however, they interpret ikhtilāf al-maṭāli‘ through nationalist understandings that marginalize distance as decisive point and consider balad as nation-state and dawlah. This thesis asks why and how the concept of ikhtilāf al-maṭāli‘ shifts from its classical doctrine to modern implementation. By analysing the text and the context, I argue that the transformation of the premodern, distance-based discussion of ikhtilāf al-maṭāli‘ into a modern concept based on state territory is the result of the modernization and nationalization of societies. Central to this transformation are several interconnected modern phenomena: the universalization of exclusively linear territorial sovereign statehood, the spread of nationalism as an imagined political community, and the internalization of these ideas through governmentality and disciplinary power exercised by state institutions, particularly the modern education system. Modern societies are shaped by interconnected ideas that influence how populations understand both the world and themselves. In particular, the modern education system became increasingly institutionalized and deeply embedded in society during the late twentieth and twenty-first centuries. In this context, both Muslim scholars and ordinary people are socialized into the concept of the imagined national community or land, that transform Islamic legal discourse on ikhtilāf al-maṭāli‘. To arrive at the modern concept of ikhtilāf al-maṭāli‘, Muslim Scholars engage with several reinterpretations, including selective citation, the elevation of minority opinions, the generalization of exceptional cases, reference to previous practice as an independent legal source, the application of modern or anachronistic readings to classical terminology and texts, the alteration of citations, and the emphasis of certain topics while de-emphasizing others.