How Muslims Have Altered their Religious Practices in the Face of Oppression

By Summar Khan*

Introduction

Practicing religion in the face of religious persecution is not a new phenomenon for Muslims. In the early days of Islam, new Muslims were often subject to abuse for practicing their religion, even when congregating in private.^[1] However, with Islamophobia rising to alarming levels in 2024 according to UN experts,^[2] Muslims across the world may face difficult decisions today on how to approach practicing their faith when faced with oppression. Turning to history and the Islamic legal scholarship that was developed during times of persecution can be a helpful guide. As such, focusing on how Muslims have altered the way they practice Islam in the face of oppression historically can provide answers for the Muslims who are struggling today.

Case Study: The Oran Fatwā

A helpful case study for altering religious practices in the face of persecution is documented in a fatwa from a North African mufti, believed to be Abū al-ʿAbbās Aḥmad ibn Abī Jumʿah al-Maghrāwī al-Wahrānī, who wrote the Oran Fatwā in 1504. It highlights many of the important principles underlying the justification of these alterations: intention, necessity, and flexibility.

After Muslims lost control of Spain in 1491, they faced enormous pressure to convert to Christianity and adopt its customs. Many were offered the choice of baptism or expulsion.^[3] During these times, the Oran Fatwā provided specific examples and guidance on how to alter the way the prescribed duties of Islamic law could be carried out to ensure survival. It offered a pathway on how Muslims could outwardly present as Christians but still practice Islam privately. The fatwā first discusses how important it is to hold onto your faith, relating Muslim “brothers who are steadfast upon their deen [faith]” to “someone who holds onto hot coals.”[4] With this backdrop—implying both the required dedication and difficulty in maintaining this dedication—the fatwā provides specific instructions to the Muslim community with a strong sense of leniency and latitude for those under duress.

The relaxation of sharia and alternation of Islamic practices in the face of oppression are narrowly applicable in the Oran Fatwā.^[5] The fatwā first applies the relaxations to Muslims who fear the harm that will result from an enemy coming to know their inner thoughts. Under these conditions, it is important nevertheless to privately “display perseverance” in your adoration of Allah.^[6] The legal and religious theory underpinning these exceptions largely rest on the concept that Allah understands and knows what is in the individual Muslims heart—their intent. If their intentions are true, they can justifiably outwardly present as a Christian or break Islamic law for safety.

The Oran Fatwā justifies significant modification. For example, Muslims can perform prayer even “by making some slight movements.”^[7] Zakāt (alms) can be given as a hypocritical show to a beggar.^[8] Prayers can be made up at night in privacy if a Muslim is unable to pray during the day.^[9] If the ritual cleansing before prayer cannot be done, even a “slight pointing motion with your hands or face towards clean earth or stone or a tree such as would have been ritually acceptable for that purpose” based on the Prophet Muhammad’s words to “take from them whatever they bring.”^[10] If a Muslim is forced to attend the enemy’s prayers, drink wine, or even eat pork, it is justified as long as the Muslim rejects it in his heart and holds firm to the belief it is forbidden.^[11] A marriage between a Muslim woman and a Christian man is permitted under duress.^[12] There is also latitude given to Muslims with their language, like encouraging repeating blasphemous phrases strangely, so as to twist their meaning.^[13] While the Oran Fatwā enumerates scenarios in which these modifications are allowed, these relaxations are generous. Ultimately, they prescribe significant agency and responsibility to the individual Muslim to find a way to maintain intent in one’s heart in the face of serious oppression.

Modern Application

In this fatwā’s historical context in 1504, as Spain was building up its Inquisition, religious discrimination was perverse and intense. The Spanish monarchy had conquered Granada in 1492, marking the end of the Reconquista: the recapturing of Muslim-controlled territory. Many historians believe that the spirit of religious uniformity that fueled the Reconquista influenced the establishment of the Spanish Inquisition.[14] Only a few decades later in 1547, Spanish leaders passed limpieza de sangre (purity of blood) statutes, which prevented any individual with Muslim or Jewish ancestry from holding a position in the Catholic Church or government.^[15] A bloodline free from any converts would eliminate any potential risk that the individual was secretly still practicing their religion. This concern does align with the fatwā’s instructions: to continue practicing Islam in private and teaching one’s children to do the same.

Removing the fatwā from its historical context, the alterations it provides remain extremely informative for Muslims today. For example, Uyghur Muslims in China have been forced to eat pork and drink alcohol,^[16] and at re-education camps, they are also forbidden from praying.^[17] In the United States, imprisoned Muslims in a Missouri state prison were pepper-sprayed and placed into solitary confinement for peacefully praying.^[18] Accordingly, the ways Muslims have altered the way they practice Islam in the face of oppression historically illustrated by the Oran Fatwā can provide pertinent answers. The flexibility the fatwā prescribes can also ease the burden on Muslims who are struggling today.

AI Comparison

While this case study is narrow in its scope, ChatGPT approached the question with a much broader response. In response to “how have Muslims altered the way they practice Islam in the face of oppression?” it first provided several categories. They included: (1) subtle forms of worship; (2) cultural adaptations of Islamic practices; (3) focus on internal faith and spirituality; (4) using technology for learning and community; (5) solidarity with other marginalized communities; and (6) preserving identity through art and literature. Each included a small blurb of an explanation which focused on cultural practices, instead of religious practices.

When subsequently asked if there was “any Islamic law that justifies these behaviors,” ChatGPT listed principles of: (1) necessity; (2) dissimulation; (3) flexibility in religious practices; (4) emphasis on intention; and (5) justice. Intention, necessity, and flexibility certainly are the principles emphasized in the Oran Fatwā, making the response provided here more pertinent than its first response. Furthermore, the AI provided a definition and application of each principle, which was accurate and helpful.

Then, when prompted to “list any types of legal rulings or authorities to support these principles,” the answers were surface-level blurbs. The AI mentioned that rulings have been given for each of the categories but did not point to specific sources. For example, instead of providing support for the principle of concealment, the AI stated that “concealing one’s faith is permissible if openly displaying it could lead to harm or persecution.” While this is accurate, based on its prior responses, ChatGPT seemed to largely repeat information here.

Notably, ChatGPT throughout this exchange provided information on digital worship and virtual communities, which likely missed the mark on the historical lens of questions posed. To hone on this, I followed up with a request for historical examples. ChatGPT mentioned: (1) the early Muslims in Mecca; (2) Muslims in Spain during the Reconquista; (3) Uyghur Muslims in China; (4) Muslim slaves in America; (5) Soviet rule; (6) Tatar Muslims in Imperial Russia; and (7) Bosnian Muslims in Yugoslavia. The short blurbs provided under each of these examples were very high-level summaries. However, they do provide clear examples of religious oppression and behavioral alteration. I found this to be the most accurate and helpful out of my exchanges with ChatGPT, especially considering the focus on the Reconquista.

Overall, ChatGPT’s responses are a helpful starting point when conducting research. However, after conducting independent research, solely using AI does not provide the details or takeaways that are most critically informative here. It did not provide a historical overview or textual support. With significant prompting, ChatGPT provided historical examples, which was the original driving force of the question. Ultimately, ChatGPT did touch on the important underlying principles that justify how Muslims can alter their religious practices in the face of persecution and provided examples that overlapped with independent research. The Oran Fatwā furthers these principles by offering a helpful historical example of a guide for Muslims today.

Appendix

Below is the transcript of my conversation with ChatGPT.

Summar: How have Muslims altered the way they practice Islam in the face of oppression?

ChatGPT: Good morning! Throughout history, Muslims have adapted their religious practices in response to oppression and restrictive environments, finding ways to maintain their faith, identity, and community resilience. Here are a few notable ways they’ve adapted:

1. Subtle Forms of Worship

In places where visible expressions of Islam are suppressed, Muslims have often turned to private or subtle forms of worship. This can include praying in secret, reciting Qur’an silently, or gathering in small, discreet groups to avoid detection while still practicing their faith.

2. Cultural Adaptations of Islamic Practices

In regions where Islamic practices are heavily restricted, Muslims sometimes blend cultural and religious practices. For example, food, dress, and poetry have become ways to infuse Islamic values and teachings into daily life while outwardly appearing secular.

3. Focus on Internal Faith and Spirituality

During times of oppression, some Muslims place a greater emphasis on personal spirituality and internal reflection, prioritizing a close personal connection with Allah. This might mean focusing more on dhikr (remembrance of God), personal prayer, and ethical behavior, rather than communal or visible practices.

4. Using Technology for Learning and Community

In modern times, Muslims facing oppression often rely on digital platforms to access religious knowledge and connect with other Muslims worldwide. This includes attending virtual lectures, participating in online study circles, and maintaining a global support network through social media.

5. Solidarity with Other Marginalized Communities

Muslims experiencing oppression have frequently built alliances with other marginalized groups, advocating for broader human rights and social justice issues. This not only strengthens their own resilience but also aligns with Islamic values of justice and compassion.

6. Preserving Identity Through Art and Literature

In restrictive environments, art, poetry, and literature have served as powerful tools for expression and preservation of faith. Many Muslims use creative avenues to express their beliefs and experiences under oppression, which keeps their identity alive in ways that may not attract direct censorship.

These strategies highlight the resilience within the Muslim community, emphasizing both adaptation and a strong commitment to preserving faith in challenging circumstances.

Summar: is there any Islamic law that justifies these type of behaviors?

ChatGPT: Yes, there is a basis in Islamic law, particularly under the principles of darura (necessity) and taqiyya (precautionary dissimulation), that justifies certain adaptations in the face of oppression. These principles allow flexibility in practicing Islam when one’s life, safety, or freedom is at risk.

1. Principle of Darura (Necessity)

• Definition: The principle of darura allows for certain prohibitions in Islam to be lifted if a person is under extreme circumstances where basic survival or security is threatened.
• Application: This principle can be invoked in situations where practicing Islam openly could result in harm, persecution, or death. For example, if praying openly could lead to punishment, it would be permissible to pray discreetly or modify the practice as needed.

2. Principle of Taqiyya (Dissimulation)

• Definition: Taqiyya traditionally refers to concealing one’s faith to avoid persecution. It is often associated with the Shi’a tradition but is also acknowledged in Sunni jurisprudence in specific circumstances.
• Application: In situations where Muslims face severe danger due to their faith, taqiyya allows them to hide or downplay their beliefs to protect themselves and their families. This can mean concealing religious symbols or avoiding outward displays of Islamic practices.

3. Flexibility in Religious Practices (Rukhsa)

• Definition: Rukhsa refers to a concession or dispensation in Islamic law, allowing Muslims to modify their practices due to hardship. The Qur’an emphasizes that God does not wish to place hardship on believers: “Allah intends for you ease and does not intend for you hardship” (Qur’an 2:185).
• Application: For example, if fasting during Ramadan endangers a person’s health due to adverse conditions, they are permitted to delay or skip the fast. This flexibility extends to other practices, especially in times of oppression or threat.

4. Emphasis on Niyyah (Intention)

• Definition: In Islam, intention (niyyah) plays a crucial role in the validity of actions. If a person’s intention is to maintain faith despite modifying or concealing practices due to fear or hardship, their actions are still considered valid.
• Application: In oppressive situations, one’s inner commitment to faith holds greater significance than outward displays, as the heart’s sincerity is what matters to God.

5. Alliance and Justice Principles

• Islam promotes alliances and solidarity in the face of injustice. This is rooted in the Qur’an and Hadith, where Muslims are encouraged to support those who are oppressed, and to advocate for justice as a central value.
• Muslims may thus seek alliances with other communities facing similar hardships, which is justified as long as it aligns with the core principles of justice and compassion in Islam.

These principles showcase Islam’s adaptability, allowing Muslims to uphold their faith even in the face of severe constraints, and demonstrating that preservation of life, safety, and dignity is a priority in Islamic jurisprudence.

Summar: Are there any sources you can point to?

ChatGPT: Yes, there have been numerous fatwas (legal rulings) issued over time that support the adaptation of Islamic practices in the face of oppression or extreme difficulty. Here are some notable ones:

1. Fatwas on Taqiyya (Concealment)

• Taqiyya is often associated with Shi’a Islam, but Sunni scholars have also addressed it in extreme cases. For instance, Imam al-Nawawi, a prominent 13th-century Sunni scholar, stated that concealing one’s faith is permissible if openly displaying it could lead to harm or persecution.
• Some Sunni jurists, particularly in regions with hostile authorities, have issued fatwas allowing taqiyya to protect the lives and safety of Muslims under oppressive regimes.

2. Fatwas on Modifying Worship Due to Hardship

• Many scholars have issued fatwas allowing modifications to the way Muslims perform certain acts of worship if safety is at risk. For example, Shaykh Yusuf al-Qaradawi, a prominent contemporary scholar, ruled that Muslims who fear for their lives in hostile environments may pray discreetly or shorten prayers, referencing the Qur’anic principle of ease in hardship.
• Similar fatwas have been issued for fasting during Ramadan when one’s health might be compromised. For instance, fatwas from Al-Azhar in Egypt, and scholars from the Islamic Fiqh Council, permit Muslims to break or delay the fast if fasting could endanger their health.

3. Fatwas on Avoiding Public Symbols of Faith in Hostile Environments

• During times of colonial rule or in places where Islamic symbols were banned, scholars issued fatwas allowing Muslims to avoid visibly Islamic symbols, like the hijab or certain styles of dress, if wearing them could lead to danger.
• In contemporary cases, scholars have allowed Muslim women in restrictive environments to forgo the hijab if wearing it poses a risk to their safety or livelihood, applying the principles of darura and rukhsa.

4. Fatwas Permitting Alliances with Other Marginalized Groups

• Scholars, including Shaykh Muhammad Abduh, who was an early 20th-century Egyptian reformer, issued fatwas allowing Muslims to join in political or social alliances with non-Muslims to seek justice and mutual protection in oppressive regimes. This aligns with the Islamic principle of justice and the Qur’anic verse: “Cooperate with one another in righteousness and piety” (Qur’an 5:2).
• Contemporary scholars have issued similar fatwas allowing Muslims in minority or oppressive contexts to work alongside other marginalized groups, as long as it does not contradict Islamic principles.

5. Modern Fatwas on Digital Worship and Virtual Communities

• With digital platforms offering new ways for Muslims to connect and practice their faith in restrictive environments, many scholars have issued fatwas supporting online worship gatherings, educational forums, and religious studies. These fatwas validate that engaging with faith online is acceptable when physical gatherings could be dangerous.
• Scholars at the International Union of Muslim Scholars and the Fiqh Council of North America have endorsed these rulings, especially for Muslims in restrictive countries where gathering for worship is monitored or penalized.

These fatwas reflect Islam’s flexibility and compassion, ensuring that Muslims can maintain their faith even under adverse conditions. They are rooted in the fundamental Islamic principles of justice, compassion, and ease, showing that faith adapts to protect the welfare and safety of individuals and communities.

Summar: do you have any historical examples of this?

ChatGPT: Yes, history provides many examples of Muslims adapting their practices in response to oppression. Here are some prominent cases:

1. The Early Muslims in Mecca

• In the earliest days of Islam, Prophet Muhammad (peace be upon him) and his followers in Mecca faced severe persecution from the Quraysh tribe. Many early Muslims practiced their faith in secrecy, gathering discreetly in the house of Arqam to learn the Qur’an and pray, away from public view.
• Some early Muslims were even permitted by the Prophet to seek asylum in Christian Abyssinia (modern-day Ethiopia), where they could practice their faith openly under the protection of the Christian King, the Negus.

2. Muslims in Spain Under the Reconquista

• After the fall of Muslim rule in Spain (al-Andalus) in the late 15th century, Muslims faced intense persecution under the Christian monarchs, Ferdinand and Isabella. Muslims who remained, known as “Moriscos,” were forced to convert to Christianity but often practiced Islam in secret.
• To avoid detection, Moriscos would adapt their worship practices, such as quietly praying or disguising Islamic rituals as Christian ones. They would sometimes maintain cultural expressions with hidden Islamic meanings, like specific food preparations or patterns in textiles, which allowed them to retain aspects of their Muslim identity.

3. Muslim Slaves in the Americas

• Many Muslims were brought to the Americas as slaves from West Africa, where Islam was practiced widely. Under slavery, open practice of Islam was dangerous, but many retained their faith through modified practices.
• These Muslim slaves would often adapt their rituals, performing prayers or reciting Qur’anic verses privately. Some would incorporate Islamic symbolism into songs, stories, and symbols that could pass as part of African or syncretic spiritual traditions, allowing them to maintain elements of their faith.

4. Soviet Union and Central Asia (20th Century)

• Under Soviet rule, religion was heavily restricted, and Islamic practices were often banned or closely monitored. Muslims in Central Asia faced severe repression, with mosques closed down and religious leaders persecuted.
• Despite this, many Central Asian Muslims continued to practice Islam in hidden ways, such as holding private gatherings for prayers and religious study in homes. They would often blend Islamic teachings with cultural practices that appeared secular to avoid scrutiny from the authorities.

5. Uyghur Muslims in China

• In recent decades, Uyghur Muslims in China have faced religious repression, with restrictions on praying, fasting, and wearing religious clothing. Reports indicate that Uyghur Muslims have adapted by practicing Islam in secret, fasting covertly during Ramadan, and praying in quiet, private settings.
• Uyghurs have also adapted by using coded language to communicate religious ideas and values and engaging in digital religious communities to connect with other Muslims and access religious knowledge without drawing attention.

6. Muslims in the Balkans Under Communist Yugoslavia

• During Communist rule in Yugoslavia, public expressions of Islam were discouraged. Bosnian Muslims, in particular, adapted by observing rituals like Ramadan and Eid in private or low-key ways.
• Many Bosnians practiced Islam at home, sometimes reframing Islamic values as cultural or family traditions to avoid persecution, while also fostering a sense of unity and resistance through poetry, music, and other cultural expressions with Islamic roots.

7. Tatar Muslims in Imperial Russia

• Under the Russian Empire, Tatars and other Muslim communities faced restrictions on Islamic practices. The Tatar Muslims preserved Islam through folk customs and cultural practices, as well as discreet religious gatherings.
• They also developed “jadidism,” a reform movement that emphasized Islamic learning and identity preservation under restrictive circumstances, combining traditional religious knowledge with a focus on literacy, community welfare, and cultural expression.

These examples highlight how Muslims have maintained their faith and identity despite immense pressures, adapting their practices in ways that reflect both resilience and creativity. These strategies show how Islam’s core principles and flexible legal framework provide a way to uphold the faith while prioritizing safety and community continuity in challenging times.

Notes:

* Summar Khan is a 2L at Harvard Law School. She holds a Bachelors of Arts in Political Economy from the University of California, Berkeley.

^[1] Timeline of Islam, PBS, https://www.pbs.org/wgbh/pages/frontline/teach/muslims/timeline.html (last visited Dec. 30, 2024).

^[2] UN experts warn Islamophobia rising to “alarming levels”, United Nations Human Rights Office of the High Commissioner (March 15, 2024), https://www.ohchr.org/en/statements/2024/03/un-experts-warn-islamophobia-rising-alarming-levels.

^[3] The Editors of Encyclopedia Brittanica, Morisco, Britannica, https://www.britannica.com/topic/Morisco (last visited Dec. 30, 2024).

[4] L.P. Harvey, Muslims in Spain 1500-1614, at 1–3 (2005).

^[5] Id.

^[6] Id. at 1.

^[7] Id.

^[8] Id.

^[9] Id. at 2.

^[10] Id.

^[11] Id.

^[12] Id.

^[13] Id. at 3.

[14] The Editors of Encyclopedia Brittanica, Reconquista, Britannica, https://www.britannica.com/event/Reconquista (last updated Dec. 5, 2024).

^[15] Richard John Harrison & Joseph F. O’Callaghan, The Spanish Inquisition, Britannica, https://www.britannica.com/place/Spain/The-Spanish-Inquisition#ref587479 (last updated Dec. 29, 2024).

^[16] Epoch Times, China Forces Uyghur Muslims to Eat Pork, Drink Alcohol During Lunar New Year, Genocide Watch (Feb. 9, 2019), https://www.genocidewatch.com/single-post/2019/02/09/china-forces-uyghur-muslims-to-eat-pork-drink-alcohol-during-lunar-new-year.

^[17] Peter Stubley, Uighur Muslims forbidden to pray or grow beards in China’s ‘re-education’ camps, former detainee reveals, The Independent (March 22, 2019, 15:29 EDT), https://www.the-independent.com/news/world/asia/china-uighur-muslim-education-camps-forbidden-beards-pray-pork-xinjiang-a8835861.html.

^[18] Jen Marlowe, The prisoners pepper-sprayed while praying, Al Jazeera (Feb. 28, 2024), https://www.aljazeera.com/features/longform/2024/2/28/why-were-muslim-prisoners-in-the-us-pepper-sprayed-while-praying-2.

(Suggested Bluebook citation: Summar Khan, How Muslims Have Altered their Religious Practices in the Face of Oppression, Islamic Law Blog (Jan. 16, 2025), https://islamiclaw.blog/2025/01/16/how-muslims-have-altered-their-religious-practices-in-the-face-of-oppression/)

(Suggested Chicago citation: Summar Khan, “How Muslims Have Altered their Religious Practices in the Face of Oppression,” Islamic Law Blog, January 16, 2025, https://islamiclaw.blog/2025/01/16/how-muslims-have-altered-their-religious-practices-in-the-face-of-oppression/)