A Necessity of A Special Jurisprudence"Ijtihad” for Muslim Minorities
Publication Type
Original research
Authors

The current study aimed to deal with the concept of Fiqh al-Aqalliyyāt al-Muslimah (Islamic jurisprudence for Muslim minorities), treating issues related to its theory, the views of prominent Muslim jurists, the Fiqh academies, Islamic centers, and similar institutions around the world. The study highlighted the need for a separate branch of Fiqh to deal with the issues of Muslims living as minorities in non-Muslim societies, connecting the new development to the roots of Islamic law. Additionally, the study showed that this Fiqh draws strongly on the classical foundations of Islamic law, taking into consideration the elements of necessity, public interest, weighing competing considerations, and the maqāṣid (the higher objectives) of Shariah, in dealing with new realities. It explained how this Fiqh enables Muslims living as minorities to contribute positively to society while retaining their Islamic identities. It highlights the various solutions it has to provide to challenges facing Muslim minorities, not addressed in classical Fiqh. The study also treats the methodological framework for the practice provided by Fiqh al-Wāqiʿ (jurisprudence of reality), which reflects the call to ijtihād within the context of reality as it exists.

Journal
Title
ournal of Islamic Thought and Civilization (JITC)
Publisher
The University of Management and Technology
Publisher Country
Pakistan
Publication Type
Prtinted only
Volume
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Year
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Pages
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