XWe have detected your location as outside the U.S/Canada, if you think this is wrong, you can choose your location.

Palgrave Macmillan

Fiqh al-Aqalliyyāt

History, Development, and Progress

ISBN 9781137346698
Publication Date October 2013
Formats Hardcover Ebook (EPUB) Ebook (PDF) 
Publisher Palgrave Macmillan
Series Palgrave Series in Islamic Theology, Law, and History

How can Muslims strike a balance between religious commitments and their civic identity as citizens in Western liberal states? Hassan examines the development of a contemporary internal Muslim debate on the production of a new form of Islamic jurisprudence, Fiqh al-Aqalliyyāt, or the jurisprudence of Muslim minorities. Three key trends are identified in this debate: the puritan literalist trend, the traditionalist trend and the renewal trend. The literalists argue that Muslim minorities should disassociate themselves from non-Muslims and confine their loyalty to their fellow Muslims. The traditionalists maintain that Muslim minorities can live in non-Muslim lands but via exceptional rules and conditional fatwas. The renewal trend asserts the need for a new category of jurisprudence with a new methodological framework that normalizes and empowers Muslim minority life in non-Muslim society. The study delineates these trends in detail and investigates their background, development and current conditions with special focus on the renewal trend and the discourse of Fiqh al-Aqalliyyāt.

Said Hassan is Visiting Assistant Professor at Georgetown University, Georgetown College, Arabic and Islamic Studies Department, USA.

1. Between Text and Context, the Impact of Textual Literalism and Puritan Ideology on the Life of Muslim Minorities
2. Voice of Tradition, Muslim Minorities and the Application of Islamic Law
3. Yusuf al-Qaradawi, an Ideologue for Muslim Minorities
4. Taha Jabir al-Alwani: Fiqh al-Aqalliyyat, a Model of Islamization of Knowledge
5. Fiqh al-Aqalliyyat: A Debate on World Division, Citizenship and Loyalty


"The book is a significant addition to the growing literature on Islamic law in secular contexts, particularly on Muslim minorities. Recent studies on migration, minority rights and multiculturalism began showing interest in ongoing debates on Shari'a and its relevance in Europe and America. The book offers important insights into how the Muslims living in liberal democracies responded to the challenges to their conception of law, religious conventions and cultural values. Unlike other studies that treat Muslim minorities as extension of Muslim societies in their countries of origin, the book explores the making of Minority Islamic Law as an independent school with its own rules and principles. There were mainly two authoritative sources of advice available for Muslims in the West: Saudi dar al-Ifta and al-Azhar. The author offers a detailed analysis of these advices and shows how these questions and answers helped developing what is now known as Fiqh al-Aqalliyat. The book also studies al-Shaykh Yusuf al-Qaradawi and Taha Jabir al-Alwani as two architects of this legal development. This study will be warmly welcomed by policy advisors, students, teachers, lawyers and judges interested in Shari'a debates, Muslim societies in the West and Islamic legal modernism." - Muhammad Khalid Masud, Judge Shariat Appellate Bench, Supreme Court of Pakistan
Add a review

Related titles