Fiqh al-Aqalliyyāt

Abstract

The discourse of fiqh al-aqalliyyāt is not merely a theoretical debate among jurists on mechanisms, methodologies, or preferences. It started as a response to practical empirical questions of Muslims on how to respond to challenges facing them in their non-Muslim environment. Questions covered almost every aspect of Muslims’ mundane life, including food, dress, education, rituals, and above all living in or immigrating to non-Muslim countries. Jurists of fiqh al-aqalliyyāt worked their way through these particular questions to arrive at a theoretical conceptualization of the new fiqh. As with many legal systems, the process starts with technical determinations before forming its theoretical framework. In the case of fiqh al-aqalliyyāt, although it addresses multiple layers of questions on worship, society, economy, etc., the discourse emanates from one primary issue: the nature of the relationship between Muslims and their non-Muslim society. This issue represents the core of the discourse upon which various positions were taken, whether for or against fiqh al-aqalliyyāt.