scholarly journals Fikih Minoritas: Suatu Kajian Teoretis

2013 ◽  
Vol 13 (2) ◽  
Author(s):  
Nurhayati Nurhayati

Abstract: Fiqh for Minorities: a Theoretical Study. Fiqh for Minorities—which in Arabic is called Fiqh al-Aqaliyyât— is a fiqh model that maintains legal association of sharia and the dimensions of a particular community, namely minority Muslim communities in western countries. Fiqh for Minorities is a product of reinterpretation of the existing arguments on the basis of the benefit whichis the spirit of sharia. The designers of this fiqh are Taha Jabir al-’Alwani in his book, Toward a Fiqh for Minorities: Some Basic Reflection, and Yûsuf al-Qarâdawî in his book, Fî Fiqh al-Aqalliyât al- Muslimah. Fiqh for Minorities originated from the accumulation of the concerns of Muslim minority communities in western countries when it should be doing something related to their religion. This fiqh is designed to provide guidance and a handle on the things that are prohibited and permissible for Muslim minorities living in western countries to carry out their obligations as a Muslim.Keywords: fiqh, minority, shariaAbstrak: Fikih Minoritas: Suatu Kajian Teoretis. Fikih minoritas—yang dalam bahasa Arab disebut dengan Fiqh al- Aqalliyât—merupakan model fikih yang memelihara keterkaitan hukum shar‘î dengan dimensi-dimensi suatu komunitas tertentu, yaitu masyarakat minoritas Muslim di Barat. Fikih minoritas adalah sebuah produk hasil reinterpretasi atas dalil-dalil atas dasar kemaslahatan yang memang menjadi spirit syariah. Penggagas fikih ini adalah Tâhâ Jâbir al- ‘Alwânî dalam bukunya, Toward a Fiqh for Minorities: Some Basic Reflection dan Yûsuf al-Qarâdawî dalam bukunya, Fî Fiqh al-Aqalliyât al-Muslimah. Fikh minoritas lahir berawal dari akumulasi kegelisahan masyarakat minoritas Muslim di Barat ketika harus melakukan sesuatu yang berkaitan dengan keagamaan mereka. Fikih ini didesain untuk memberikan panduan dan pegangan tentang hal-hal yang dilarang dan yang boleh bagi minoritas Muslim yang tinggal di Barat untuk menjalankan kewajiban-kewajiban mereka sebagai seorang Muslim.Kata Kunci: fikih, minoritas, syariahDOI: 10.15408/ajis.v13i2.932

2016 ◽  
Vol 30 (3) ◽  
pp. 245-261
Author(s):  
Zaleha Kamaruddin ◽  
Umar A. Oseni ◽  
Syed Khalid Rashid

In spite of the increasingly globalized nature of the modern world and the surge in cross-civilizational intercourse among peoples of different backgrounds, cultures and ideologies, there is still the spectre of mutual suspicion in some Muslim minority jurisdictions where Muslims have sought to conduct their affairs in accordance with the Sharīʿah. In order to promote peaceful co-existence and mutual understanding, this article examines the prospects of convergence of Sharīʿah and Common law in Muslim communities in Western countries based on the concept of transformative accommodation. The study concludes that the long historical revelations of the Islamic origins of some important Common law concepts should pave a way for transformative accommodation which will ultimately lead to convergence of laws.


Religions ◽  
2021 ◽  
Vol 12 (9) ◽  
pp. 692
Author(s):  
Helen McLaren ◽  
Emi Patmisari ◽  
Mohammad Hamiduzzaman ◽  
Michelle Jones ◽  
Renee Taylor

Integration of religion in community health and wellbeing interventions is important for achieving a good life among faith-based populations. In countries hosting Muslim-minorities, however, relatively little is reported in academic literature on processes of faith integration in the development and delivery of interventions. We undertook a review of peer reviewed literature on health and wellbeing interventions with Muslim-minorities, with specific interest on how Islamic principles were incorporated. Major databases were systematically searched and PRISMA guidelines applied in the selection of eligible studies. Twenty-one journal articles met the inclusion criteria. These were coded and analyzed thematically. Study characteristics and themes of religiosity are reported in this review, including the religious tailoring of interventions, content co-creation and delivery design based on the teachings from the Quran and Sunnah, and applicability of intervention structures. We reviewed the philosophical and structural elements echoing the Quran and Islamic principles in the intervention content reported. However, most studies identified that the needs of Muslim communities were often overlooked or compromised. This may be due to levels of religio-cultural knowledge of persons facilitating community health and wellbeing interventions. Our review emphasizes the importance of intellectual apparatus when working in diverse communities, effective communication-strategies, and community consultations when designing interventions with Muslim-minority communities.


2019 ◽  
Vol 19 (2) ◽  
pp. 61-76
Author(s):  
Evan Hamzah Muchtar

This paper will discuss Islamic studies on religious life and muamalah activities with regional approaches in Southeast Asia, especially in Muslim minority communities in Myanmar, Thailand and the Philippines. The discussion begins with the understanding of Islamic studies, the background of the spread of Islam in Southeast Asia, and the development of muamalah Muslim minority communities in Southeast Asia, especially in Myanmar, Thailand and the Philippines. Their position as a minority influences the development of religious institutions. In the process of national integration launched by the government, Muslim communities face changes in social and political orientation.


Author(s):  
Hacer Gonul ◽  
Julius Rogenhofer

This article critically examines how securitization campaigns by the Chinese Communist Party (CCP) turn the country’s Muslim minorities into potential threats, while simultaneously seeking to legitimize the CCP’s repressive security practices. Applying securitization theory, the article examines whether there are ethnicity-based differences in the securitization process, particularly between the Hui and Uyghur Muslim minority groups and why such differences exist. In doing so, the article briefly introduces the different Muslim communities within China, as well as the impact of the Chinese government’s Open Door Policy on Chinese Muslim minorities. The existential security threat perceived and subsequently leveraged by China originates in demands for increased autonomy, more cultural and religious rights, and, in some cases, formal independence from China by its Uyghur population. Sociopolitical unrest in Xinjiang heightens Chinese insecurities and hardens the CCP’s policies toward the Uyghur minority group inside Xinjiang, as well as other Chinese Muslim minorities, specifically the Hui minority predominantly located in Ningxia. There are significant differences in how the state securitizes these two Muslim minority groups, which can be explained with the use of model minorities. In framing its own Muslim minority groups as a security issue, China employs the post-9/11 Global “War on Terror” to transform ethnic unrest into a terrorismbased challenge to the Chinese state. As such, the focus of securitization shifted from ethnic identity to religious practice. This conceptual shift underlies state attempts to legitimize its counterinsurgency policies under the principle of combating the “Three Evils” of separatism, terrorism, and religious extremism, which are aimed specifically at religious minorities.


rahatulquloob ◽  
2020 ◽  
pp. 57-71
Author(s):  
Muhammad Muddasar ◽  
Dr. Riaz Ahmad Saeed

This piece of paper examines the existing position of Muslim minority in England with reference to their challenges, issues and problems, as well as this study reveals the solution and recommendations to solve these issues. The Muslims are one of the biggest communities of Europe in Britain. They are living and settled here since long.  They have many important contributions in every field of life even the sitting Mayer of London is a Muslim. It doesn’t mean they have no problem. They are facing lots issues and discrimination in every field of life, especially they are being deprived in the field of economy. Practising Muslims face a wide variety of challenges, even they do not have enough freedom of religion, freedom to offer open prayer, build mosques, keep beard and wear traditional dress at work. Women wearing the veil caused all kinds of issues and are practically banned for certain jobs (e.g. teaching and the police). Islam has dietary requirements that can make deciding what’s acceptable and not acceptable but at work all Muslim workers are not being offered Halal food. Islam is deadly against interest but in the UK the Muslims are unable to avoid themselves from it as no job is interest free. It is perceived that the Muslim minority is politically, economically and socially deprived in the UK. Thus, it’s the dire need to solve the problems of the Muslim communities in all over the West especially in Britain. The analytical and critical research methodology is adopted with mix method approach in this study.                                                                                                                                            


2021 ◽  
Vol 15 (1) ◽  
pp. 151-172
Author(s):  
Zainul Mun'im

Fiqh as a product of Islamic law must always be up to date to become a religious solution for society. This fact requires scholars to have high creativity in doing ijtihad so that actualizing of Islamic law can be realized perfectly in today's contemporary era. One of the scholars who focus on the actualization of Islamic law is Yūsuf al-Qaraḍāwī. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyāt). This study highlights the role of Islamic legal maxims (al-qawāid al-fiqhiyyah) in al-Qaraḍāwī's fatwa on fiqh al-aqalliyāt. The data comes from books and articles related to the theme. This research proves that Islamic legal maxims have a dominant role in the methodology of al-Qaraḍāwī’s ijtihad. In establishing his fatwa, al-Qaraḍāwī based the argument on the opinion of the islamic scholars in accordance to the basic values of fiqh principles. Therefore, his fatwa can be an actual solution for minority Muslim communities in Western countries. Thus, Islamic legal maxims (al-qawāid al-fiqhiyyah) play a role in controlling and systematizing the laws around fiqh al-‘aqalliyāt so that it always leads to convenience and avoids difficulties.


2018 ◽  
pp. 164-194
Author(s):  
Muhammad Qasim Zaman

This chapter focuses on two Muslim minorities, the Ahmadis and the Shi`a, and some of the contestations around their position in the state. How these communities have fared in Pakistan is part of the story here, with the Ahmadis being declared a non-Muslim minority in 1974 and significant Shi`i-Sunni sectarian violence in the country since the 1980s. The principal concern of the chapter is, however, to explore the anxieties that the existence and activities of these minority communities have generated among the `ulama and the Islamists. In case of the Ahmadis, the anxieties in question have had to do not merely with the peculiarities of Ahmadi beliefs about the Prophet Muhammad, but with Islamic modernism itself. The anxieties generated by the Shi`a have a different locus, and also go beyond Sunni discomfort with particular Shi`i beliefs and practices. Much more than the Ahmadis, the Shi`a have raised difficult questions about what, if any, kind of Islamic law can be given public force in Pakistan, laying bare in the process nagging uncertainties about whether Pakistan can ever fully claim to be an Islamic state.


Global migration flows in the 20th century have seen the emergence of Muslim diaspora and minority communities in Europe, North America and other parts of the world. While there is a growing body of research on Muslim minorities in various regional contexts, the particular experiences of Shi’a Muslim minorities across the globe has only received scant attention. This book offers new comparative perspectives of Shi’a minorities outside of the so-called “Muslim heartland” (Middle East, North Africa, Central and South Asia). It includes contributions on Shi’a minority communities in Europe, North and South America, Sub-Saharan Africa and East Asia that emerged out of migration from the Middle East and South Asia in the 20th and 21st centuries in particular. As ‘a minority within a minority’, Shi’a Muslims face the double-challenge of maintaining an Islamic as well as a particular Shi’a identity in terms of communal activities and practices, public perception and recognition. The book provides comparative insights into Shi’a Muslim communities across the globe, set in Muslim minority contexts and makes an important contribution to understanding the global dynamics of contemporary Shi’a Islam. Illustrating how transnational Shi’a networks operate in Muslim minority contexts, it discusses the impact of events in the Middle East on Shi’a Muslim minorities across the world.


ICR Journal ◽  
2014 ◽  
Vol 5 (2) ◽  
pp. 239-259
Author(s):  
Himatullah Babu Sahib ◽  
Asiah Yaacob

The plight of non-Muslims or other minority communities within a Muslim majority country has been much debated under the broad topic of human rights. Yet problems relating to Muslim minorities in non-Muslim polities have yet to be adequately addressed. More should be done to educate the large Muslim world on the plight of these minority Muslim communities. The lack of focus on the fate of such minorities had resulted in their being subjected to unfair treatment or oppression, painful misery, and unfriendly policies of containment or integration. The authors export other more subtle forms of subjugation more serious than overt oppression and violence. Muslims in adverse minority settings have always struggled to maintain a proper balance between sustaining their religious identity and obligations and maintaining loyalty towards their country. We examine several issues in the light of established human rights principles and identify practical challenges faced in translating these ideals into reality.


Author(s):  
Jonathan Laurence

This book traces how governments across Western Europe have responded to the growing presence of Muslim immigrants in their countries over the past fifty years. Drawing on hundreds of in-depth interviews with government officials and religious leaders in France, Germany, Italy, the Netherlands, the United Kingdom, Morocco, and Turkey, the book challenges the widespread notion that Europe's Muslim minorities represent a threat to liberal democracy. The book documents how European governments in the 1970s and 1980s excluded Islam from domestic institutions, instead inviting foreign powers like Saudi Arabia, Algeria, and Turkey to oversee the practice of Islam among immigrants in European host societies. But since the 1990s, amid rising integration problems and fears about terrorism, governments have aggressively stepped up efforts to reach out to their Muslim communities and incorporate them into the institutional, political, and cultural fabrics of European democracy. The book places these efforts—particularly the government-led creation of Islamic councils—within a broader theoretical context and gleans insights from government interactions with groups such as trade unions and Jewish communities at previous critical junctures in European state-building. By examining how state–mosque relations in Europe are linked to the ongoing struggle for religious and political authority in the Muslim-majority world, the book sheds light on the geopolitical implications of a religious minority's transition from outsiders to citizens. This book offers a much-needed reassessment that foresees the continuing integration of Muslims into European civil society and politics in the coming decades.


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