FIQH AL-AQALLIYYAH AND MUSLIM MINORITIES IN A NON-MUSLIM COMMUNITY

This study researches into the legal theory of fiqh al-aqaliyyah and Muslim minorities in a contemporary non-Muslim community. In order to achieve this objective, the paper examines the fiqh al-aqalliyyah, its legal position in Islamic jurisprudence, its legal instruments and its applicability to lessen the physical, social, financial and emotional hardships or difficulties encountered by Muslim minorities who find themselves in an unfamiliar non-Muslim environment. Research method used in this study is expository, descriptive and analytical in order to showcase the applicability of fiqh al-aqalliyyah in the modern legal theory within the context-specific and needs-based neo-ijtihād legal rulings for Muslim minorities. Conclusively, the paper makes findings that context-specific and needs-based neo-ijtihād legal rulings of fiqh al-aqalliyyah is still viable in this contemporary period to arrest new jurisprudential challenges facing the Muslim minorities in non-Muslim communities. Also neo-ijtihād exercise of fiqh al-aqalliyyah from a competent Islamic jurists and legal theorists of a particular society is meant for that society only and should not be given general or universal application so as not to cause confusion in the context-specific and needs-based jurisprudential response. Finally, the study recommends that Muslim minorities should make use of the Islamic jurists and legal theorists’ neo-Ijtihād exercise of fiqh al-aqaliyyah which are peculiar to their environment in procuring solutions to some of the contemporary Islamic jurisprudential challenges facing them in the non-Muslim community.

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PRAKTIK FIKIH KESEHARIAN MINORITAS MUSLIM DI BALI

Jurnal Studi Agama dan Masyarakat ◽

10.23971/jsam.v16i2.2152 ◽

2021 ◽

Vol 16 (2) ◽

pp. 85-98

Author(s):

Fathor Rahman

Keyword(s):

Social Relations ◽

Belief System ◽

Field Research ◽

Daily Practice ◽

Muslim Community ◽

The Public ◽

Public Area ◽

Religious Adaptation ◽

Muslim Communities ◽

Muslim Minorities

This paper explored a daily fiqh practice or, more precisely, the practice of Islam among Muslim minorities in Bali, which is transformed into an adaptable form of religious diversity promoting harmony. In the midst of the strong domination of Hindu custom and the acts of violence by few Muslims in Indonesia, the Balinese Muslim community strived to manifest Islamic teachings (fiqh) in daily life having tolerant and moderate. Through two problems such as; how is the religious adaptation pattern of minority Muslim communities in Bali? How do Muslim communities establish inter-religious harmony as a manifestation of their daily fiqh? This study attempted to analyze it based on maqashid sharia theory. As for supporting data collection, this paper used field research using interviews and observations.The finding indicated that there were interesting patterns of religious social relations occurred in the daily practice of Muslim minorities in expressing their Islamic teachings in the public area. Muslims in Bali are able to appraise their religious teachings and adapt with the surrounding community, which was socio-anthropologically dominated by the Hindu belief system.

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Para-fiqh: Bridging Thematic Fiqh to Ushūl and Ushūl’s Response to Specialization of Fiqh

MAZAHIB ◽

10.21093/mj.v17i2.1192 ◽

2018 ◽

Vol 17 (2) ◽

Author(s):

Ahmad Sholihin Siregar

Keyword(s):

Legal Theory ◽

Legal Reasoning ◽

Health Issues ◽

Legal Argument ◽

Intellectual Tradition ◽

Islamic Tradition ◽

Islamic Legal Theory ◽

Islamic Jurisprudence ◽

The Times ◽

Muslim Communities

The latest trend regarding the study of contemporary thematic Islamic jurisprudence (fiqh) is built upon a paradigm that fiqh, as a science developed in the Islamic tradition, is able to respond to every modern challenge. This paradigm seems to be incompatible with the study of the Islamic legal theory (Ushū al-fiqh) which is considered stagnant. However, the study of Ushū al-fiqh is, the initial gate to the discussion of legal reasoning which enables those who master it come up with theoretically correct rulings and hopefully responsive to the needs of the times. Discussing the thematic Islamic jurisprudence (fiqh) without going through the Ushū al-fiqh thinking framework may lead to a serious gap to the product of the thematic fiqh study. The thematic fiqh studies such as fiqh siyāsah (Islamic jurisprudence on constitution), fiqh munākahat (Islamic jurisprudence on marriage), and Islamic jurisprudence on health issues are not infrequently distorted from the actual context. This article offers a way of dealing with the gaps. In this case, the terminology presented is para-fiqh. Para-fiqh is a term to bridge the trend between the thematic fiqh studies and the stagnancy of Ushū al-fiqh study which, in turn, give birth to the antithesis in the form of thematic Ushū al-fiqh. This article employs the conceptual-doctrinal approach which seeks to present the problems of various classical literatures of the Muslim scholars. By scrutinizing the concept para-fiqh, it is hoped that: first, this article presents a universal legal argument on some particular legal themes; second, it explains the principles of Ushū al-fiqh to understand the thematic fiqh products. The findings emphasize that the para-fiqh concept is important for enriching the intellectual tradition of Muslim communities, as well as being a bridge between the gaps created by the study of Islamic jurisprudence (fiqh) and the study of Islamic legal theory (Ushū al-fiqh).Keywords: para-fiqh; thematic ushūl, thematic fiqh, Ushūl jināyat; Ushūl mu`āmalat. AbstrakTrend terbaru mengenai kajian fiqh tematik kontemporer saat ini membangun paradigma bahwa fiqh adalah salah satu ilmu yang berkembang dalam tradisi Islam yang mampu merespon tantangan zaman. Paradigma ini seakan tidak sebangun dengan kajian Ushul fiqh yang dianggap stagnan. Namun demikian, kajian Ushul fiqh sebenarnya adalah gerbang awal pembahasan penalaran hukum sehingga melahirkan keputusan-keputusan hukum yang tepat. Membahas fiqh tematik tanpa melalui kerangka berfikir ushuliy membawa gap yang serius terhadap produk kajian fiqh tematik tersebut. kajian-kajian tematik seperti fiqh siyāsah, fiqh, munākahat, fiqh kontemporer dan kesehatan tidak jarang terserabut dari konteks yang sebenarnya. Artikel ini menawarkan sebuah jalan lintas mengenai gap yang terjadi. Dalam kasus ini, terminology yang dihadirkan adalah para-fikqh. Para-fiqh adalah istilah untuk menjembatani antara trend kajian fiqh tematik dengan stagnasi kajian ushul fiqh; sehingga melahirkan antitesa berupa ushul fiqh tematik. Kajian dalam artikel ini bersifat konseptual-doktrinal yang berusaha menyajikan persoalan dari berbagai pustaka klasik sarjana Muslim. Artikel ini menemukan ada 2 tujuan: pertama, menghadirkan argumen hukum universal pada beberapa tema hukum yang partikular. Kedua, menjelaskan prinsp-prinsip ushūl guna memahami produk fikih tematik. Hasil dari artikel ini menekankan bahwa para-fiqh penting untuk memperkaya khazanah intelektual tradisi intelektual masyarakat Muslim, sekaligus menjadi jembatan penghubung dari gap yang terjadi karena persoalan fiqh dan ushūl fiqh.Kata Kunci: para-fiqh; ushūl tematik, fikih tematik, Ushūl jināyat; Ushūl mu`āmalat.

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دور التشريعات الجنائية السودانية في مكافحة جريمة الاغتصاب : دراسة تطبيقية مقارنة

Omdurman Islamic University Journal ◽

10.52981/oiuj.v6i1.1867 ◽

2022 ◽

Vol 6 (1) ◽

Author(s):

ابن عوف ، طارق حسن

Keyword(s):

Mass Media ◽

Linguistic Meaning ◽

Muslim Community ◽

Islamic Jurisprudence ◽

Muslim Communities ◽

Islamic Values

This study tackles the issue of‘rape crime’ in 1991 Sudan Criminal laws in comparison with the 1974 & 1983 Sudan Criminal, 1983 Egyptian Criminal laws and the Islamic Jurisprudence. The study defines the linguistic meaning of the word ‘rape’, then it explains the particular use of the term among the scholars of Sharia and in the Sudanese and Egyptian Criminal laws as well as other Criminal laws. The study identifies the significant social, political, educational, and mass media factors that contribute to the prevalence of this criminal phenomenon. Plus, the study investigates some of the Sudanese court verdicts on rape crime, particularly those incredible, absurd and gross rape cases which arc absolutely alien to the Muslim community. The study explores all the legal factors of this crime and then the penalty prescribed in the 1991 Sudan Criminal laws in comparison with the 1974 & 1983 Sudan Criminal laws, 1983 Egyptian Criminal laws and the Islamic Jurisprudence. The study concludes that its absolutely necessary to implement the Islamic penalties [Hidudl in the Muslim communities. Also the study calls for the necessity of solving the relevant social and economic questions in the Muslim communities, propagation of the sound Islamic values, simplification of marriage ceremonies and brevention of harmful materials in mass media

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Issues and Problems of Muslim Minorities in Europe (A Case of British Muslim Community)

rahatulquloob ◽

10.51411/rahat.4.2.2020.253 ◽

2020 ◽

pp. 57-71

Author(s):

Muhammad Muddasar ◽

Dr. Riaz Ahmad Saeed

Keyword(s):

Muslim Community ◽

Critical Research ◽

Muslim Minority ◽

Dietary Requirements ◽

Halal Food ◽

The Veil ◽

Muslim Communities ◽

The Uk ◽

Muslim Minorities ◽

Method Approach

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.

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FENOMENA CADAR DALAM PROSES HIJRAH (Analisa Hukum dan Presepsi Masyarakat Pengguna Cadar)

Bayani ◽

10.52496/bayaniv.1i.1pp30-42 ◽

2021 ◽

Vol 1 (1) ◽

pp. 30-42

Author(s):

Ace Somantri

Keyword(s):

Research Method ◽

Islamic Law ◽

Muslim Women ◽

Qualitative Approach ◽

Muslim Community ◽

Absolute Necessity ◽

The Awakening ◽

Differences Of Opinion ◽

The Veil ◽

Muslim Communities

The issue of radicalism and fundamentalism is still in the news aimed at Muslims. The phenomenon of hijrah has become a trend among the Muslim community, Anis Baswedan responded positively as an indication of the awakening of Islam, but there are differences of opinion, according to Ahmad Muzaki that the phenomenon of hijrah must have assistance in order to avoid entering the door of their version of terrorism. One of the phenomena of hijrah is that many Muslim women use the veil / niqob. The formulation of the problem that is used as the limitation of this study is more focused on understanding Islamic law and perceptions of the use of the veil / niqob among the hijrah community. The research method used is through a descriptive qualitative approach. The results showed that there was a diversity of opinions regarding the use of the niqab / veil, giving rise to a diversity of beliefs about the perfection of Muslims (for Muslim women) in believing by using the niqab / veil. Muslim communities who are in the process of hijrah believe that faith is an absolute necessity and must be present in every Muslim. As a consequence of this faith, Muslims are obliged to carry out the stipulated syari'at, including in terms of dress.

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The Emancipation of Europe's Muslims

10.23943/princeton/9780691144214.001.0001 ◽

2012 ◽

Cited By ~ 87

Author(s):

Jonathan Laurence

Keyword(s):

Trade Unions ◽

Western Europe ◽

Government Officials ◽

Critical Junctures ◽

Muslim Immigrants ◽

European Democracy ◽

The Government ◽

Muslim Communities ◽

Integration Problems ◽

Muslim Minorities

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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PRINSIP AL-TAYSĪR DALAM FIQH AL-AQALLIYĀT YŪSUF AL-QARAḌĀWĪ

EMPIRISMA ◽

10.30762/empirisma.v25i1.732 ◽

2016 ◽

Vol 25 (1) ◽

Cited By ~ 1

Author(s):

Abdul Wahab Khalil

Keyword(s):

Legal Issues ◽

Limited Time ◽

The West ◽

Muslim Scholar ◽

Islamic Jurisprudence ◽

Friday Prayer ◽

Muslim Minorities ◽

Muslim Scholars

The Muslim minorities in the West who are currently dealing with a multitude of problem receives attention from Muslim scholars. Syaikh Yūsuf al-Qaraḍāwī is the first Muslim scholar who attempted to provide a solution to the problems, especially related to the implementation of religious teachings, as he outlined it in the framework of fiqh al-aqalliyāt. In principle, this is not something new in Islamic jurisprudence, because its legal sources are still the same. Nevertheless, this kind of fiqh is different in the sense that it does not merely talk about legal issues, but also the problems of theology and morals that the Muslim minorities in the West are currently dealing with in their relations with non-Muslims. Fiqh al-aqalliyyāt is also characterized by the use of the principle of al-taysīr as clearly prominent in the fatwās by Syaikh Yūsuf al-Qaraḍāwī, such as on the validity of both performing Friday prayer in the morning due to limited time for religious sermon (khuṭbah) and during ẓuhr time in some countries. This article will explore further this principle of al-taysīr in the Qaraḍāwī’s fiqh al-aqalliyyāt. Keywords: Yūsuf al-Qaraḍāwī, Fiqh al-Aqalliyāt, al-Taysīr

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Critical Thinking and Its Implications for Contemporary Ijtihad

American Journal of Islamic Social Sciences ◽

10.35632/ajiss.v27i4.370 ◽

2010 ◽

Vol 27 (4) ◽

pp. 45-67

Author(s):

Sayed Sikandar Shah ◽

Mek Wok Mahmud

Keyword(s):

Critical Thinking ◽

Legal Theory ◽

Dynamic Feature ◽

Islamic Revival ◽

Current State ◽

Islamic Legal Theory ◽

Islamic Jurisprudence ◽

Revival Movements ◽

State Of Affairs ◽

Islamic Civilization

As an intellectual process, critical thinking plays a dynamic role in reconstructing human thought. In Islamic legal thought, this intellectual tool was pivotal in building a full-fledged jurisprudential system during the golden age of Islamic civilization. With the solidification of the science of Islamic legal theory and the entrenchment of classical Islamic jurisprudence, this process abated somewhat. Recent Islamic revival movements have engendered a great zeal for reinstituting this process. The current state of affairs in constructing and reconstructing Islamic jurisprudence by and large do not, however, reflect the dynamic feature of intellectual thought in this particular discipline. Thus this article attempts to briefly delineate this concept, unveil the reality on the ground, and identify some hands-on strategies for applying critical thinking in contemporary ijtihad.

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Comparative Study of Muslim Minorities

American Journal of Islam and Society ◽

10.35632/ajis.v8i2.2628 ◽

1991 ◽

Vol 8 (2) ◽

pp. 307-316

Author(s):

R. Hrair Dekmejian

Keyword(s):

Native Americans ◽

Comparative Study ◽

Social Forces ◽

Communal Identity ◽

French Canadians ◽

Cultural Traditions ◽

The World ◽

Muslim Communities ◽

Muslim Minorities ◽

Cultural Regeneration

Most of the world’s Muslims reside in countries where they are numericallypredominant. As such, these Muslims possess a majoritarian outlook in sharpcontrast to the perspective of minority Muslims living in India, China, theUSSR, and some Western countries. In recent years, Muslim minorities havefound themselves at the confluence of diverse social forces and politicaldevelopments which have heightened their sense of communal identity andapprehension vish-vis non-Muslim majorities. This has been particularlytrue of the crisis besetting the Indian Muslims in 1990-91 as well as the newlyformed Muslim communities in Western Europe.The foregoing circumstances have highlighted the need for serious researchon Muslim minorities within a comparative framework. What follows is apreliminary outline of a research framework for a comparative study of Muslimminorities using the Indian Muslims as an illustrative case.The Salience of TraditionOne of the most significant transnational phenomena in the four decadessince mid-century has been the revival of communal consciousness amongminorities in a large number of countries throughout the world. This tendencytoward cultural regeneration has been noted among such diverse ethnic groupsas Afro-Americans, French Canadians, Palestinian Arabs, the Scots of GreatBritain, Soviet minorities, and native Americans. A common tendency amongthese groups is to reach back to their cultural traditions and to explore thoseroots which have served as the historical anchors of their present communalexistence. Significantly, this quest for tradition has had a salutary impactupon the lives of these communities, for it has reinforced their collectiveand individual identities and has enabled them to confront the multipledifficulties of modem life more effectively. By according its members a sense ...

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Islamic Law and Society

American Journal of Islam and Society ◽

10.35632/ajis.v7i2.2789 ◽

1990 ◽

Vol 7 (2) ◽

pp. 177-191

Author(s):

Louay M. Safi

Keyword(s):

Composite System ◽

Islamic Law ◽

Legal Theory ◽

Fifth Century ◽

Muslim Community ◽

Social Growth ◽

The Social ◽

Collective Experience ◽

Law And Morality ◽

The Impact

Shari'ah (Islamic law) has been the dominant moral and legal code ofMuslim societies for the gnxter part of their history. During the early centuriesof Islam, Shari'ah hcilitated the social growth and develojment of the Muslims,growth that culminaa in the establishment of a vast emph and an outstandmgcivilization. By the close of the fifth century of Islam, however, Shari'ahbegan to lose its role as the guiding force that inspired Muslim creativityand ingenuity and that nurtured the growing spirit of the Muslim community(Ummah). Consequently, the Ummah entered a period of stagnation thatgradually gave way to intellectual decline and social decadence. Regrettably,this painful trend continues to be more or less 'part of the individualconsciousness and collective experience of Muslims.This paper attempts to trace the development of the principles of Islamicjurisprudence, and to assess the impact of Shari'ah on society. It argues thatthe law ceased to grow by the sixth century of Islam as a result of thedevelopment of classical legal theory; more specifically, law was put on hold,as it were, after the doctrine of the infallibility of ijma' (juristic consensus)was articulated. The rigid principles of classical theory, it is contended, havebeen primarily induced by the hulty epistemology employed.by sixth-centuryjurists.Shari'ah, or Islamic law, is a comprehensive system encompassing thewhole field of human experience. It is not simply a legal system, but rathera composite system of law and morality. That is, Islamic law aspires to regulateall aspects of human activities, not only those that may entail legalconsequences. Hence, all actions and relationships are evaluated in accordancewith a scale of five moral standards.According to Shari'ah, an act may be classified as obligatory (wajib),recommended (mandub), permissible (mubah), reprehensible (makruh), orprohibited (haram). These five categories reflect the varying levels of moral ...

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