The Legal Methodology of “Fiqh al-Aqalliyyat” and its Critics: An Analytical Study

Abstract

“Fiqh al-Aqalliyyat”—the jurisprudence of Muslim minorities—is a legal doctrine introduced in the 1990s by Taha Jabir Al-Alwani and Yusuf Al-Qaradawi which asserts that Muslim minorities, especially those residing in the West, deserve a special new legal discipline to address their unique religious needs that differ from those of Muslims residing in Islamic countries. Developed as a means of assisting Muslim minorities in the West, it deals with problems Muslims face in countries where they are minorities and focuses more on devising exceptional rulings pertaining to their unique circumstances. In light of this, this paper attempts to assess this doctrine—its purpose and its methodology—with emphasis on the legal Islamic tools of ijtihad and maslaha whilst also shedding light on its limitations. It argues that while attempts are being made by scholars and writers to make it a successful tool for jurisprudence, it will take a few more years to assess whether “fiqh al-aqalliyyat” is effective in getting more members of Muslim minority societies to follow shari'ah such that it becomes a politically uniting force for Muslim communities in non-Muslim societies and most importantly, if it is effective in establishing an Islamic method that supports the peaceful coexistence of Muslims and non-Muslims within non-Muslim societies.