Mainstream Muslims Strongly Disagree with FCNA statement saying full body scanners for security at the airports and other places are "against the teachings of Islam"

(Washington, DC)- Last week, several national media outlets reported that The Fiqh Council of North America (FCNA) released a statement stating the use of full body scanners for security at the airports and other places are "against the teachings of Islam"[1]. The World Organization for Resource Development and Education opposes this statement, as well as Islamic Scholars, and they hope the same media outlets will do follow up stories showing not all Muslims agree with the FCNA statement.

World renowned Islamic Scholar, Shaykh Hisham Kabbani had this to say about the statement:

"Traditional, classical understanding of Islam teaches that the Muslim citizens of any nation, whether it follows Islamic law or secular law, must obey the law of the land they inhabit. This is based on the verse of the Holy Quran 'Obey Allah, obey the Prophet and obey those in authority among you'. (4:59) The word used for 'authority' [Uli 'l-amr] can be applied either to scholars or to political authorities.

The Fiqh Council statement unnecessarily intimidates American Muslims by making issue of something, which Islam permits in cases of necessity. Not only this, whether we like or dislike the legislation, as citizens of this country, we swore an oath to uphold its laws. These laws were implemented for a specific purpose: to interdict potential terrorist actions which might endanger the lives of US citizens. Admittedly, the average citizen finds this method of inspection distasteful; however, Homeland security authorities have imposed this method of surveillance to guarantee the safety of its citizenry and it is our duty to oblige.

Interestingly, the statement in question recognizes the principle of Islamic Law that 'necessities make permitted what is normally forbidden,' yet, they do not apply it in the case of using scanners. Specifically the Fiqh Council stated, "Exception to this rule [requiring modesty] can be made in case of extreme necessity, such as medical treatment, to investigate a crime or in a situation of imminent danger. There must be a compelling case for the necessity and the exemption to this rule must be proportional to the demonstrated need."

Since the Fiqh Council has not issued a fatwa prohibiting a Muslim from going to a doctor of the opposite sex, we assume they apply the exemption of medical necessity. If the life of one individual is sufficient as a necessity and permits nudity, the same reasoning should apply when it comes to the security of a large group of people who would be endangered by a bomb on an airline. In this case, it makes one wonder then, why make such a loud objection to a clear necessity?

The Prophet Muhammad also discussed the importance of obedience to the ruler, even if he does what is disliked by his subjects. Specifically, the Prophet said, 'if you see from them something that you dislike, dislike their acts, but do not dislike them. And do not take your hand out from obedience to them.'

So in this situation, for the safety of the nation, we should accept whatever measures the government legislates, keeping in mind that those who make the laws are officials whom we elected, and they have the best interests of citizens at heart. For those who are uncomfortable with the scanning procedure, they have the legitimate option of doing a pat-down instead."

President of WORDE, Dr. Hedieh Mirahmadi, had this to say about the statement, "At time when Muslims are constantly being accused of refusing to comply with western societal norms or alternatively of trying to set up the fictitious 'Islamic State', it is disappointing that a national Muslim organization would issue such a statement that tactically encourages Muslims not to comply with national security procedures. We hope that the millions of American Muslims will recognize the fallacy of the FCNA argument and will chose instead to exercise the Islamic exemption of necessity."

It is likely that this prohibition will become like many other attention-grabbing, self-serving statements made in the past that were later retracted or ignored as simply impractical. It would be far more useful if the scholars of the Fiqh Council could instead generate fatwas encouraging our youth to avoid joining militias and insurgent groups, rather than creating doubt about what is lawful in a non Muslim country.

[1] A copy of the statement can be found at www.fiqhcouncil.org
Disclaimer: This statement does not address any medical concerns that may arise from use of the scanners.




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