Fiqh al-aqallīyāt
Fiqh al-aqallīyāt ( Arabic فقه الأقليات 'Jurisprudence of the minorities, minority fiqh ') is a concept of Islamic legal theory that has been discussed, especially among Arabic-speaking Muslims, since the late 1990s. It aims to develop a new system of Islamic behavioral norms that offers solutions to the specific ethical and religious problems of the Muslim minorities living in Western countries by resorting to ijtihād , i.e. finding norms through independent judgment . Tāhā Jābir al-ʿAlwānī (1935-2016), the founder and former chairman of the Fiqh Council of North America (FCNA), took a leading role in developing the concept . He coined the term and in 2000 created one of the first program publications on Fiqh al-aqallīyāt. According to al-ʿAlwānī, minority fiqh is intended to help "overcome the psychological and spiritual divisions that Muslim minorities experience, especially in the West, by making them a partner in these societies in happiness and unhappiness."
In 1999 the concept was adopted by the European Council for Fatwa and Research (ECFR) under the leadership of Yūsuf al-Qaradāwī . Al-Qaradāwī published his own book on minority fiqh in 2001, in which he took the view that the minority status of Muslims living in Western countries necessitated certain normative facilitations that would otherwise be forbidden for Muslims. He described " integration without assimilation " as one of the goals of minority fiqh. Since then the concept has been the subject of a transnational Islamic debate. The ongoing criticism of the concept, in particular of the social and political implications of the underlying concept of minority , led its original proponents to rarely use the term Fiqh al-aqallīyāt and to concentrate more on the question of how the modern concept of citizenship relates with an Islamic system of norms and Islamic identity.
The way to Fiqh al-aqallīyāt
Background: Islamic scholars and Muslim minorities
Although Fiqh al-aqallīyāt is a relatively new concept, Islamic legal scholars have dealt with the living situation of Muslims in non-Muslim majority societies and produced fatwas for them. At the beginning of the 20th century, the Syro-Egyptian Sheikh Raschīd Ridā (1865–1935) prepared numerous fatwas for Muslims living in the minority situation. They appeared in his well - known pan-Islamic journal al-Manār , which was published in Cairo between 1898 and 1935. Both thematically and with regard to their madhhab-critical and utilitarian orientation, these fatwas are similar to today's Fiqh al-aqallīyāt. For example, like the later advocates of minority fiqh, Ridā took the view that if Muslims can practice their religion in non-Islamic territory, they are not obliged to emigrate to Islamic territory .
Another scholar who dealt with the Muslim minorities early on was Yūsuf al-Qaradāwī . In the 1960s he published his book The Permitted and Forbidden in Islam on behalf of the Sheikh of the Azhar specifically for Muslims in Western countries. In the late 1970s, research on Muslim minorities was carried out at Arab universities, in particular at King Abdulaziz University in Jeddah . At the same time, the Islamic World League in Mecca and the World Assembly of Islamic Youth began to deal with the Muslim minorities.
Also Taha Jabir al-Alwani , an Iraqi scholar who at the 1973 Azhar a dissertation on Usul al-fiqh had created and since 1975 at the Islamic University of Imam Muhammad ibn Saud worked, began at this time, with to deal with the Muslim minorities in the West. The reason for this was that his university was commissioned to prepare the Saudi students who were sent to study in the USA for their stay there. When al-ʿAlwānī was invited to the United States by the Muslim Students' Association in 1976, leading representatives of this organization suggested that he prepare a study on norms for the Muslim minorities. At that time he actually wrote a text about the ʿIbādāt - the activities of worship - but was unable to complete it for a long time.
Establishment of Fiqh bodies in western countries
Likewise, from the 1970s onwards, Muslims living in the West began to make efforts themselves to find Sharia- compliant solutions to everyday problems of the Muslim minorities. For this purpose Zakī Badawī , together with other imams in Great Britain, founded the United Kingdom Shari'ah Council in 1978 , the London Islamic Sharia Council.
Tāhā al-ʿAlwānī, who moved to the United States in 1983 and took a position at the International Institute of Islamic Thought (IIIT) in Herndon, Virginia in 1984 , undertook similar efforts in North America. In 1985 he began collecting questions that were moving the Muslim community in the USA at the time, with the aim of submitting them to the newly founded Islamic Fiqh Academy for an answer. But since the deliberations on the questions were extremely slow there and al-ʿAlwānī found the answers ultimately received very unsatisfactory because of their conservative orientation, he became convinced that it was necessary to develop a doctrine of norms for the Muslim minorities himself. In 1988 he was appointed chairman of the newly established Fiqh Council of North America , whose task, according to the statutes, should be "to develop a Fiqh for Muslims living in non-Islamic countries." Al-ʿAlwānī himself was working on a study of the at this time Assumption of citizenship of non-Muslim states by Muslims.
From 1992 onwards, the French Union des organizations Islamiques de France (UOIF) and its affiliated Federation of Islamic Organizations in Europe (FIOE) held seminars on Islamic law. In 1997 the FIOE founded the European Council for Fatwa and Research (ECFR). The task of this body, based in Dublin, should be to work out a doctrine of norms for the Muslims living in Europe, which should be contemporary and take into account time, place, custom and living conditions. The body was headed by Yūsuf al-Qaradāwī. During this time he already dealt a lot with the issues of Muslim minorities, for example in the Sunday evening program The Sharia and Life on the Arab television channel Al Jazeera and on the website he maintains, IslamOnline, which focuses a lot on Muslim minorities in the West and entered the east.
Origin and dissemination of the idea of Fiqh al-aqallīyāt
Al-ʿAlwānī, however, was the first to use the term fiqh al-aqallīyāt , in 1994, when the FCNA issued a fatwa under his leadership that allows American Muslims to actively participate in elections. In a discussion at the IIIT that same year, he described the fiqh al-aqallīyāt as a new name for what in the Maliki school of law in earlier times was called the "jurisprudence of incidents" (fiqh an-nawāzil) in which one dealt with the normative assessment of certain incidents.
Yusuf Talal DeLorenzo, Secretary of the Fiqh Council of North America, in an essay in 1998 deepened the idea of a continuity of Fiqh al-aqallīyāt with Fiqh an-nawāzil and stated: “Since the traditional fiqh of Islam is essentially the fiqh of the historical Muslim state and its Muslim majority, it pays no attention to the fiqh of the Muslim minorities, except in the form of the nawāzil, which were exhibited at different times of the crisis, such as during the Mongol invasions , the Crusades or during the Morisk period in Andalusian history. "
When the Graduate School of Islamic and Social Sciences (GSISS) was founded in Ashburn, Virginia in 1996 , al-ʿAlwānī made sure that minority fiqh was included as a compulsory subject in the curriculum. Nadia Mahmud Mustafa, an Egyptian professor of political science associated with the IIIT, developed a course on "Political Jurisprudence of Muslim Minorities" (al-fiqh as-siyāsī li-l-aqallīyāt al-muslima) for the United Arab Emirates University . Minority Fiqh later became a subject at the private Islamic American University in Southfield , Michigan .
The concept of Fiqh al-aqallīyāt was already so widespread in Arab countries in 1997 that the television channel al-Jazeera dedicated a separate episode of its popular program Sharia and Life to it in November of that year . Yūsuf al-Qaradāwī, who, as usual, was invited to this program as a guest, was still skeptical of the term and preferred the term Fiqh al-ightirāb ("Jurisprudence of life abroad"). When he published the first fatwa collection of the ECFR in 1999, he no longer had any problems with this concept. In the preface to this collection he uses it to justify the existence of the ECFR as a separate Fiqh body alongside the major Islamic Fiqh academies such as the Islamic Research Academy in Cairo, the Fiqh Academy of the Organization of the Islamic Conference in Jeddah and the Fiqh- Academy of the Islamic World League : The ECFR, he said, does not compete with these bodies, but only supplements them in a special field of normative theory, namely Fiqh al-aqallīyāt.
In the years that followed, the ECFR became one of the most important forums for discussing and disseminating the various ideas of minority fiqh. In 2004, after several books on minority fiqh had already been published, the ECFR acknowledged the legality (mašrūʿīya) of this concept in its journal and declared that it used it as a methodological basis in the normative ijschtihād on both a theoretical and a practical level .
The first elaboration of the concept
Tūbūlyāk (1997) and ʿAbd al-Qādir (1997/1998)
Attempts to develop norms for Muslim minorities also took place in the 1990s in the form of academic qualification theses that were presented to the Sharia faculties of universities in Morocco, Saudi Arabia and Lebanon. Its authors were students who came from Europe or who had a special interest in Europe. In 1996, the Bosnian scholar Sulaimān Muhammad Tūbūlyāk defended a master’s thesis at the Law Faculty of the University of Jordan with the title “The Political Rules for the Muslim Minorities in Islamic Jurisprudence” (al-Aḥkām as-siyāsīya li-l-aqalliyāt al- muslima fī l-fiqh al-islāmī) . In it he rejected the Maliki view, according to which Muslims are obliged to emigrate from non-Islamic areas, and advocated the opinion already expressed by Rashīd Ridā that Muslims can continue to live among unbelievers as long as they are allowed to practice their religion there. Tūbūlyāk's book was published in 1997 in Amman and Beirut.
The book with the title “From the Jurisprudence of the Muslim Minorities” (Min fiqh al-aqallīyāt al-muslima) by the Lebanese scholar Chālid Muhammad ʿAbd al-Qādir (born 1961), which was published in 1997 by the Qatari Ministry of Religion , had a similar orientation series Kitaab al-Umma has been published. It is the first book to have the term Fiqh al-aqallīyāt in the title. ʿAbd al-Qādir is a former student of Yūsuf al-Qaradāwī and studied with him in Qatar. The book is a short version of the master's thesis that ʿAbd al-Qādir had created in 1994 at the Imam al-Auzāʿī University in Beirut. In 2003, the Egyptian Ministry of Religions published an English translation of the short version of the text.
A long version of ʿAbd al-Qādir's dissertation was published in 1998 under the title “Jurisprudence of the Muslim Minorities” (Fiqh al-aqallīyāt al-muslima) in Lebanon. The book is divided into three chapters, the first dealing with international relations (pp. 18–187), the second dealing with the rules of worship and mosques (pp. 189–363), and the third dealing with social relations (p. 365 -680). The individual chapters consist of a series of answers to questions that are of concern to Muslim minorities, such as the regulation of ritual prayer and financial transactions in the minority situation. The question of the purity of dogs and unbelievers, the combination of ritual prayers and marriage with a non-Muslim woman as well as the question of fasting during extremely long day lengths in the polar regions are also dealt with.
Tāhā Jābir al-ʿAlwānī (1999/2000)
ʿAbd al-Qādir's book dealt with various individual questions connected with the permanent residence of Muslims in non-Islamic countries, but did not deal with the concept of minority fiqh itself. This concept was first theoretically elaborated in al- ʿAlwānī's essay Madḫal ilā Fiqh al-aqallīyāt ("Introduction to Minority Jurisprudence"), which was published in the winter of 1999/2000 in the journal Islāmīyat al-maʿrifa ("The Islamization of Knowledge") published by the IIIT . The short text was republished several times in the following years in various modifications, for example in June 2000 in Egypt in a book series dedicated to the "Islamic Enlightenment" under the title Fī fiqh al-aqallīyāt al-muslima ("On the Fiqh of the Muslim Minorities" ). A year later it appeared in a short version under the title Naẓarāt taʾasīsīya fī fiqh al-aqallīyat ("Fundamental considerations on minority fiqh") on the Arabic website Islamonline.net . The Kuwaiti scholar ʿUdschail Jāsim an-Naschamī, who is himself a member of the ECFR, has dedicated a critical commentary to al-ʿAlwānī's program publication, which was published in the ECFR magazine in 2005.
Al-ʿAlwānī's text has also been translated into English, French and Russian. The English translation, for which Zakī Badawī wrote a preface, was published by the IIIT in 2003 under the title “Towards a Fiqh for Minorities. Some Basic Reflections ”. In a newly added introduction, al-ʿAlwānī refers to the shock caused by the attacks of September 11, 2001 among Muslims and Americans, and stresses that it has increased the need for a new Fiqh for the Muslim minorities in the West than never before.
Jamāl ad-Dīn ʿAtīya (2000/2001)
Another contribution on the topic was the essay “Towards a New Minority Fiqh” (Naḥwa fiqh ǧadīd li-l-aqallīyāt) published in 2000/2001 by the Egyptian legal thinker Jamāl ad-Dīn ʿAtīya Muhammad (1928-2017). It was published again in 2003 as a stand-alone book. This essay is an exception in that it does not only deal with the Muslim minorities outside of Islamic countries, but with religious, ethnic, linguistic and cultural minorities in general.
Yūsuf al-Qaradāwī (2001)
In 2001, Yūsuf al-Qaradāwī published his own book on minority fiqh entitled "On the Jurisprudence of Muslim Minorities: The Life of Muslims in Other Societies" (Fī fiqh al-aqallīyāt al-muslima: ḥayāt al-muslimīn fī l-muǧtamaʿāt al-uḫrā) . As he himself writes in the preface, he thereby complied with the request of the General Secretariat of the Islamic World League , which had asked him to write a book on the normative problems of the Muslim minorities in the West. In the preface, al-Qaradāwī also locates his publication in the previous debates on Islamic law in the West and emphasizes his own earlier commitment to the Muslim minorities. This diverse scientific activity about the Muslim minorities, however, requires a foundation under Sharia law, "which traces the individual regulations back to their foundations and the particulars to the universals and establishes the rules that are necessary to establish a scientific methodology for this Fiqh."
The first part of the book, which consists of a theoretical presentation of the problems of the Muslim minorities and their solution through minority fiqh, consists of three chapters. The first is devoted to the Muslim minorities and their problems with Islamic norms (pp. 15–29). The second chapter deals with the seven goals and various characteristics and sources of minority fiqh (pp. 30–39). Al-Qaradāwī presents his book here as an answer to questions addressed to him by Muslims in the West who wanted him to write a systematic treatise on the norms of Muslim minorities in non-Muslim societies. These minorities outside of Dār al-Islām , i.e. the areas outside of Islamic rule, in his view require a special doctrine of norms, because “they are forced to act according to the rules and laws of that society, although some of them contradict the Sharia Islam. ”In a separate section (pp. 34f.) Al-Qaradāwī names seven goals for the minority fiqh. In the third chapter he discusses nine basic pillars (rakāʾiz asāsīya) that minority fiqh must consider more than any other fiqh (pp. 40-60).
The second part of the book, which takes up almost two thirds (pp. 61–188), consists of application examples for minority fiqh in the form of a collection of 15 fatwas. Al-Qarādāwī addresses individual questions and problems of Muslims in non-Muslim societies and shows how solutions can be developed taking into account the methodological guidelines he mentioned above. The fatwas are divided into four subject areas (1. Beliefs and acts of worship , 2. Family law, 3. Food and drinks, 4. Dealing with the non-Muslim environment) and vary greatly in length. The fourth topic deals in great detail with the question of whether it is permissible for Muslims to buy a house with the help of an interest-bearing loan. That section takes up a quarter of the entire book.
Al-Qaradāwī's book was presented to the public in April 2002 at the Fourth General Islamic Conference of the World Islamic League in Saudi Arabia. It has also been translated into English and French by the Al-Falah Foundation , a publishing house in Cairo affiliated with the Muslim Brotherhood . However, these translations do not contain the first part of the book, in which al-Qaradāwī outlines his theoretical understanding of the Fiqh-al-aqallīyāt concept, because the editors felt that it was too technical and would therefore not arouse great interest among readers .
ʿAbd al-Majid an-Najjār (2003/04)
Another scholar who tried to theorize minority fiqh was the Tunisian intellectual ʿAbd al-Madschīd an-Najjār, who lives in Paris . In 2003 he published an article in the ECFR magazine entitled “Towards a Basic Method for Minority Fiqh” (Naḥwa manhaǧ uṣūlī li-fiqh al-aqallīyāt) . There he names five guiding principles for this discipline: 1. Preservation of religious life for the Muslim minority; 2. The pursuit of making Islam known; 3. Laying the foundation for a civilizational fiqh that is not limited to worship; 4. Laying the groundwork for a collective fiqh that will purify the Muslim community as a whole; and 5. Orientation towards certain legal theoretical rules that have to be adapted for Fiqh al-aqallīyāt. The following are examples of legal theoretical rules that minority fiqh should be based on: a) the rule that the results of actions (maʾālāt al-afʿāl) are decisive, b) the principle that predicaments make things prohibited, and c) the need to balance the useful and harmful aspects of something. In a second study published in 2004 in the ECFR magazine, an-Najjār still retains the legal theoretical concept of action outcomes, which goes back to the 14th-century Andalusian scholar Abū Ishāq asch-Shātibī , and its relevance to minority fiqh continued.
Similarities and differences in content
Daʿwa as the ideological basis of minority fiqh
According to Andrew F. March, the most important basis for theorizing minority fiqh is the concept of daʿwa . In fact, this concept plays a very important role in the books on minority fiqh. ʿAbd al-Qādir, for example, states at the beginning of his book that Islam abrogates all other revealed religions , i.e. replaces them in terms of content, since later, and has dominance over them; the doctrines that are contrary to Islam are error and false speech. The basis of the relationship between Islam and members of other religions is the Daʿwa. To let those in the mistake who talk vainly is an injustice about which Islam cannot remain silent. Rather, the Muslims have the task of changing this situation if possible. This “emancipatory Daʿwa” (daʿwa taḥrīrīya) came to connect man, and indeed every person, with heaven. ʿAbd al-Qādir points out that the majority of classical Islamic legal scholars were of the opinion that the basis of the relationship between Islam and unbelief was war, that peace was merely an exceptional situation due to an emergency and that the basis for this war was unbelief. He himself only sees a reason for war against non-Muslims if they are hostile to the Daʿwa. In this case, the Muslim state must “surprise them with power and severity”. The editor of the book series in which the short version of his book appeared, the Syrian journalist ʿUmar ʿUbaid Hasana, emphasized in his introduction the need for the presence of Muslim minorities in non-Islamic countries for the Daʿwa and referred to various historical precedents in which migration led to the spread of Islam from Muslims to non-Islamic areas.
Al-Qaradāwī also emphasizes the need for the Muslim presence in the West. He justifies it with the fact that the Muslims have a “global message” with Islam and that the West occupies a leading position in the world. If there were not already an Islamic presence in the West, then the Muslims would have a duty to create such a presence so that they “do not leave this strong and powerful West to Jewish influence alone”. Looking at history, one can see that individual Muslims, traders, Sufis and others who emigrated from their home countries to different areas of Asia and Africa and mixed with the local population were of great importance to the spread of Islam because they led to people converting to Islam individually or collectively in the areas concerned. According to al-Qaradawī, minority fiqh is intended to enable the Muslim community to carry out the task of preaching the “global message of Islam” (risālat al-islām al-ʿālamīya) to those with whom they live in order to be good with them to conduct the conversation as required by Sura 16:25.
New conceptualization of the geographical area
All advocates of minority fiqh have in common that they reject the designation Dār al-harb ("House of War") for the West. However, they stick to a division of the geographical area. While ʿAbd al-Qādir refers to the Islamic countries as Dār al-Islām and the non- Islamic countries as Dār al- kufr (“house of unbelief ”), al-Qaradāwī also avoids this term and prefers to speak of the “difference between the Dār al-Islām and the other areas ”. This difference, however, is so serious that it overshadows all other geographical differences such as those between town and village, settled people and nomads, or northerners and southerners, because “because Dār al-Islam helps Muslims, Islamic commandments and To comply with prohibitions while other areas lack this advantage. ”Al-Qaradāwī has no question about the admissibility of staying in a non-Muslim country, or the Dār al-kufr,“ because if we had forbidden that, as some scholars think , then we would have closed the door of the call to Islam and its spread in the world, and Islam would always have limited itself to the Arabian Peninsula and would never have come out of it. "
Al-ʿAlwānī completely rejects the traditional Islamic names for the division of the world. For him this results from the need to adopt the Koranic concept of geography. According to him, the earth belongs to God and Islam is his religion. As a result, let every country be Dār al-Islam, either real in the present or potentially in the future. At the end of his book he elaborates on this idea. He thinks that the members of the Muslim minorities should not feel bound by the historical fiqh terminology of Dār al-islām and Dār al-kufr, but should start from the Qur'anic viewpoint, which can be found in sura 7: 128 (“See, the Earth belongs to God. He bequeaths it to those of his servants whom he wills. ”) And Sura 21: 105 (“ We wrote in the Psalter after the admonition that my pious servants will inherit the earth ”) shows. That is why Muslims should not regard their stay in a country as accidental or temporary, but as permanent and gradually increasing.
Al-ʿAlwānī reminds the Muslims in a separate passage that they are "the best ummah that man has produced," as the Koran says in Sura 3 : 110. Their privileged position is manifested in the fact that they have been commissioned by God to lead people out of darkness into light. They should therefore not be limited to a geographical area, but should consider every country as Dār al-Islām, in which the Muslim can safely live his religion, even if he lives among a non-Muslim majority. Conversely, Dār al-kufr is any country in which the believer cannot live his religion safely, even if all residents belong to the Islamic religion and culture. To justify this view, al-verweistAlwānī refers to a statement by al-Māwardī , a legal scholar primarily from the 11th century, quoted by Ibn Hajar al-ʿAsqalānī . He is reported to have said: “If (the Muslim) can openly display the religion in one of the lands of Dār al-harb, then that country becomes Dār al-Islam. To be in this country is then more deserving than to leave there, because it can be expected that others will convert to Islam. "
As an alternative to the geographical names Dār al-harb and Dār al-Islām , al-ʿAlwānī recommends the terms Dār ad-daʿwa ("house of call [sc. To Islam]") and Dār al-idschāba ("house of answer [sc . of the call] "). People can be divided into ummat ad-daʿwa ("community of call"), ie. H. the non-Muslims, and Ummat al-idjāba ("community of answering"), d. H. the Muslims. The 12th century Persian scholar Fachr ad-Dīn ar-Rāzī is said to have used these terms.
Reshaping the relationship with non-Muslims
An important theme of the treatises on minority fiqh is the relationship with non-Muslims. For example, ʿAbd al-Qādir discusses in detail the question of the loyalty of Muslims to non-Muslims. He points out that there has always been a consensus among Muslim legal scholars that Muslims should not tamper with the life or property of unbelievers if there is a protection contract between them, because this is a mutual obligation to grant protection pull. In addition, ʿAbd al-Qādir deals in detail with the Koranic prohibition of a relationship of loyalty (muwālāt) with Jews and Christians (sura 5:51) or with unbelievers (sura 3:28). He thinks that this prohibition is limited to help (nuṣra) , allegiance (ittibāʿ) , love (ḥubb) and approval (riḍā) . But the ban does not mean that Muslims are not allowed to do unbelievers any good. On the contrary, it is perfectly permissible to treat them with kindness, to be tolerant, kind, just and hospitable towards them, to exchange gifts with them, to enter into loan relationships with them, to visit them, etc. It is only prohibited to doctrines and religious practices to approve of the unbelievers. But Islam, together with the religion of Ahl al-kitāb, could form a front against atheism . As evidence that decency in dealing with non-Muslims is not forbidden, ʿAbd al-Qādir refers to the statement handed down by Ibn Taimīya : "No one is allowed to do injustice to someone, even if he is an unbeliever."
According to al-ʿAlwānī, the following two Quranic verses are supposed to form the golden rule for the relationship between Muslims and people of other faith: “God does not forbid you to be kind to those who did not fight you because of religion and who did not drive you out of your houses, and they are just to treat. God only forbids you to take as friends those who fought you because of your religion and drove you out of your homes and helped others in your eviction. Whoever takes them as a friend belongs to the wicked. ”- Sura 60 : 8–9. According to al-nachAlwānī, these two verses define the ethical and legal basis according to which Muslims should treat people of different faiths, namely kindness and justice to everyone who has not declared hostility to them. All new cases should be decided on this basis.
Al-ʿAlwānī sees Muslims today who have sought refuge in western states in a similar situation to the first followers of Mohammed in Mecca , who emigrated to Abyssinia before the persecution by the Quraish . Gaining friendship from other people helped them protect their religion and protect their interests. Muslims today should orient themselves to this example. Al-ʿAlwānī sees the behavior of Jafar ibn Abī Tālib , who is said to have led the negotiations with the Negus , as particularly exemplary . It is reported that he refused to prostrate himself in front of the ruler, but he was still able to win his sympathy for the Muslims, so that the ruler converted to Islam in the end.
Advocacy of political participation
ʿAbd al-Qādir means that Muslims in states that belong to the Dār al-kufr are also allowed to hold political offices. As a justification, he refers to the statement by Yūsuf al-Qaradāwī that non-participation in the political system leads to Muslims becoming isolated and remaining in the dark. Al-Qaradāwī himself states that one of the goals of minority fiqh is that it should contribute to the education and enlightenment of minorities so that they can exercise their religious, cultural, social, economic and political rights and freedoms, which are enshrined in the constitution .
Al-ʿAlwānī emphasizes that the participation of the Muslim minorities in the political life of the country in which they are staying is not a bad state that has to be legitimized after a concession , but the exercise of positive duty and civilizing activity. In the societies in which they live, the Muslim minorities should stand up for their rights and not indulge in wrongdoing. Al-ʿAlwānī takes this from the two Quranic verses Sura 26: 227 and 42:39, in which those believers are praised who help themselves when they are wronged.
Positive interaction with the receiving society as a goal
According to al-Qaradāwī, the minority fiqh should help the Muslim minorities to preserve the "essence of Islamic character" (ǧauhar aš-šaḫṣīya al-islāmīya) with their doctrines , cultic customs (šaʿā )ir) and values, so that they are able to raise their children on their basis. The actually difficult task, however, is to keep the balance between maintaining the Muslim character on the one hand and striving for integration in and influence on the society around them on the other. Al-Qaradāwī points out in his book that the Muslim minority is both part of the Islamic ummah and part of the specific society in which they live. It is inevitable to take both sides into account, "in such a way that we neither overweight the other and inflate neither at the expense of the other."
According to al-Qaradāwī, the path of the Muslim minorities in the age of Islamic awakening can be divided into seven phases: 1. the recognition of identity (aš-šuʿūr bi-l-huwīya) , 2. the awakening (al-istīqāẓ) , 3. the departure (taḥarruk) , 4. the gathering (at-taǧammuʿ) , 5. the structure (al-bināʾ) , 6. the settlement (at-tauṭīn) and 7. the interaction (at-tafāʿul) . The Muslims are now in this final phase of positive interaction with the receiving society. One of the goals of minority fiqh is to promote this positive interaction. It is intended to help the Muslim minority to be flexible and to open up in a regulated manner, so that they do not withdraw to themselves and isolate themselves from the receiving society, but rather interact with it positively, in such a way that the Muslims give it the best they can have to offer and take the best of what it has to offer from this society. In this way, the Islamic community is supposed to achieve the difficult balance: "preservation without isolation" (muḥāfaẓa bi-lā inġilāq) and "integration without assimilation" (indimāǧ bi-lā ḏawabān) .
Al-ʿAlwānī already formulates this idea in a rudimentary manner. He thinks that Muslims should participate in the majority societies in a positive way, even if this requires "a certain politeness in a dark area" (nauʿ min al-muǧāmala fī nauʿ min al-ġabaš) , which does not have the essence of belief and the fundamentals of religion. Injustices and sins committed by non-Muslims should not prevent the Muslim from participating in their good activities. In his closing remarks, he emphasizes that it is the duty of Muslims to participate in a positive way in political and social life (of their societies) in order to stand up for their rights, to support their fellow believers wherever they are, and to convey the truths of Islam and to realize the internationality of Islam.
Theoretical and methodological foundations for the new Fiqh
While the advocates of minority fiqh show great similarities with regard to their objectives, their ideas regarding the theoretical and methodological foundations for this newly founded discipline show greater differences.
Differences in Fiqh Understanding
The advocates of minority Fiqh differ particularly in their understanding of Fiqh. According to Midhat Māhir, they can be divided into two camps: 1. Those who understand minority fiqh in the conventional sense as a science of the norms of religious law; and 2. those who understand it in a new sense as “knowledge of practical solutions to real problems”. In his opinion, the most important representative of the first camp is al-Qaradāwī, the most important representative of the second camp is al-ʿAlwānī.
According to al-Qaradāwī, minority fiqh is only a specific fiqh within general fiqh. In his opinion, it has become necessary because in the present there has been a mutual mixing of peoples and migration processes, and the various regions have come so close that they are “like one country”. This particular Fiqh is said to have a similar position to other already established specialties of Fiqh such as medical, economic and political Fiqh. In relation to the legacy of the Islamic doctrine of norms, minority fiqh is said to have an ambivalent relationship: it does observe this, but must also consider the circumstances, currents and problems of the time to the same extent. It does not cover up the legacy that was created by "brilliant minds" (ʿuqūl ʿabqarīya) in 1400 years, but it does not sink into it so much that it forgets its own time with its theoretical and scientific currents and problems.
Al-ʿAlwānī, on the other hand, emphasizes the break with the past. In his view, minority fiqh should not be understood in the sense that is widespread today as a fiqh of practical legal applications (furūʿ) . Rather, it must be understood in the general sense of Fiqh ("understanding, knowledge") as something that includes both the dogmatic and the practical aspects of revelation, in the sense of "the greater Fiqh" (al-fiqh al-akbar) , as Abū Hanīfa called it in the 8th century. In his opinion, anyone working in this field not only needs knowledge of Sharia law, but also has to be familiar with some social sciences, in particular with sociology , economics, political science and international relations. The problems that arise for the Muslim minorities, go to al-'Alwānī far beyond the traditional issues on an individual level as Allowed food, Halal -Meat, detection of the month beginning and marrying a Nichtmuslimin out. They concern issues related to “Islamic identity”, namely the message of Islam in its new home, its connection with the Islamic umma and the future of Islam beyond today's borders.
According to al-ʿAlwānī, it is also necessary for the development of minority fiqh that the right questions are asked. He devotes the fourth chapter of his book to what he calls "the great questions" (al-asʾila al-kubrā) . The first of these questions is, “How can minority groups respond to the questions 'Who are we?' and 'What do we want?' find a precise answer that reflects both their particular situation and what they have in common with others. ”The catalog of 18 questions shows that al-ʿAlwānī does not use minority fiqh as a simple system for answering more personal questions Norms, rather than a theoretical framework for the political and social interaction between the majority and the Muslim minorities in non-Muslim countries as well as within the Muslim minority themselves. At the end of the chapter he concludes that “many of the earlier fiqh efforts which were undertaken during the time of the great empires could hardly help the Muslims in establishing a contemporary minority fiqh ”.
According to al-ʿAlwānī, a new fiqh is also necessary because the earlier fiqh scholars lived in a world “which consisted of separate islands, between which there was no coexistence and understanding.” Due to the requirements at that time, a “fiqh des War ” (fiqh al-ḥarb) has been predominant, while what is needed today in a changed reality is the construction of a“ fiqh of coexistence ” (fiqh at-taʿāyuš) . Works like Iqtiḍāʾ aṣ-ṣirāt al-mustaqīm by Ibn Taimīya , in which Muslims were called to differentiate themselves from Jews, Christians and non-Muslims, were the reaction to a particular reality that was different from today's reality. In the closing speech on the English translation of his book, al-ʿAlwānī explains that fiqh councils are not the adequate means for the development of minority fiqh because they only reproduce ancient fatwas in a modern language.
ʿUdschail an-Naschamī, who has written a critical commentary on al-ʿAlwānī's program writing, accuses him of confusing theoretical principles and practical rules in Fiqh al-aqallīyāt. While minority fiqh requires practical rules (aḥkām) , al-ʿAlwānī claims to revive “the greater fiqh” (al-Fiqh al-akbar) , which only generates theoretical principles. An-Naschamī also doubted in his commentary that the term Fiqh al-aqallīyāt was an “exact designation”, as al-ʿAlwānī had claimed, and suggested “foundations of the jurisprudence of coexistence” (uṣūl fiqh at-taʿāyuš) as an alternative .
The need for a new ijtihad
According to al-ʿAlwānī, the questions that arise for the Muslim minorities can only be resolved through a new ijschtihād . The inherited Fiqh with its rules for dealing with non-Muslims is very closely linked to the historical reality in which it originated, so that it cannot be used for other types of historical situations. For al-ʿAlwānī, idschtihād is not an activity that extends to the area of norm-scientific production, but an intellectual state that leads people to methodical thinking according to logical rules. ʿAtīya expresses itself similarly. In his opinion, the Fiqh writings are only human endeavors without any religious legal obligation, especially since they were only a response to certain circumstances of the time that differ from today's. New ijtihad efforts are necessary, "which take our circumstances into account and deal with the things that have just happened."
Al-Qaradāwī also sees the need for a new ijtihād. He states that one of the goals of minority fiqh is that it answers the questions that arise for the Muslim minorities in non-Muslim societies, “in the context of a new, Sharia- based ijtihad on the ground by people who participate these companies are. "he also mentioned among the new cornerstones on which the minority fiqh is based, in the first place the 'sound contemporary ijtihad " (iǧtihād mu'āṣir qawīm) . Idschtihād, according to al-Qaradāwī, is a duty imposed by religion because it alone ensures that Sharia can be applied at all times and in all places.
Al-Qaradāwī distinguishes between two types of ijtihād , namely the “ deliberate selective” (tarǧīḥī intiqāʾī) and the “original creative” (ibdāʿī inšāʾī) ijschtihād . In the former, the Fiqh scholar study the rich legacy of doctrines of earlier legal scholars and choose what seems most suitable for realizing the purposes of Sharia law and the interests of the people; the latter is to be applied to newly emerging questions in life, to those of the classical Fiqh gives no answer. If fiqh in general needs ijschtihād in its two forms, minority fiqh is even more dependent on it because of the special circumstances in which minorities live. According to al-Qaradāwī, the ijtihād is part of the “renewal” (taǧdīd) to which the hadith refers, according to which God sends the ummah a renewer of religion at the beginning of every century . The renewal of religion should include the renewal of its fiqh and its understanding, which in turn is only possible with a solid, contemporary ijschtihād.
Alignment with the purposes of the Sharia or the Koran
According to al-wAlwānī, when a question arises related to minority fiqh, it is necessary to study the background of the question and the questioner, and the social factors that produced the question, in order to then analyze the basic question To deal with “purposes of Sharia” (maqāṣid aš-šarīʿa) . The “purposes of the Sharia” are a concept of the more recent Islamic legal theory, which assumes that there are a certain number of universal purposes of the Sharia, to which all the individual provisions of the Islamic doctrine of norms can be traced. Commonly the purposes are called preservation of life, religion, family, sanity and property. Al-ʿAlwānī advocates that fiqh scholars expand the list of recognized Sharia purposes (maqāṣid aš-šarīʿa) according to the needs and priorities of the Islamic community .
In addition to the purposes of the Sharia, al-ʿAlwānī recommends an orientation towards the “purposes of the Koran” (maqāṣid al-qurʾān) for the development of rules for minority fiqh . These are a special concept of his own thought system. In order to uncover these purposes, it is necessary to practice ijschtihād in the form of a “combination of the two readings” (ǧamʿ baina al-qirāʾatain) , the “reading that takes revelation as a companion in understanding existence and discovering its laws”, and the "reading that takes the laws of existence as a companion in understanding the revealed verses". As soon as one carries out the operation of “combining the two readings”, one finds that the three highest values indicated in the two books, namely the written (= the Koran) and the created (= nature), the Tawheed who are purification (tazkīya) and civilization (ʿumrān) . The purposes that God pursues with his creation are reflected in these values. These were the original values of Islam before legal scholars came who were influenced by Greek logic and philosophy and said that this or that was wāǧib or farḍ ('compulsory'), mandūb or mustaḥabb ('desired') or harām or maḥẓūr ('forbidden'), before the categories for judging human actions were introduced.
In al-Qaradāwī, the alignment with the universal purposes of the Sharia is not quite as pronounced. It is true that the fiqh scholar should use them as a guide in selective ijschtihād, but al-Qaradāwī believes that minority fiqh must strike a balance between the particular source texts of the Sharia and its universal goals.
The sources of minority fiqh
In order to ensure alignment with the “purposes of the Koran” (maqāṣid al-qurʾān) , according to al-ʿAlwānī, various principles must be observed, such as the recognition of the dominant position and priority of the Koran as the judge over everything else, including hadith and religious traditions. Then, if the Qur'an establishes a general rule such as the principle of “goodness and justice” (al-birr wa-l-qisṭ) in relation to non-Muslims, and hadiths exist that seem to contradict this, then have to orientate oneself on the Koran and, if possible, to interpret the hadith in such a way that they correspond to the teaching of the Koran. In general, al-ʿAlwānī only assigns the role of a subordinate auxiliary norm to the prophetic Sunna : "The Sunna revolves around the Koran and is related to it, but never takes precedence over it."
Al-Qaradāwī also takes this view in a somewhat weakened form. He believes that the sources of minority fiqh should be the same as that of fiqh in general, although minority fiqh must take innovative positions (wiqfāt taǧdīdīya) towards these sources. The sources included first of all the Koran, "father of all laws and regulations", then the Sunna, in which it should be noted that not everything in it is suitable for legislation. Some hadiths are correct, but require interpretation like the hadith: “Do not greet Jews and Christians first. And when you meet them on the street, they push them to the narrowest point. ”He contradicts the Quranic words that allow believers to be kind to non-Muslims (Sura 60: 8), and ask them to greet those who they greet (Sura 4:86). One must therefore interpret this hadith in such a way that it refers only to those who oppose the Muslims, but not to those who make peace with them.
According to al-Qaradāwīs view, in addition to the Koran and Sunna, consensus and the conclusion by analogy should also be used in finding the law, as well as various secondary sources such as the consideration of utility (istiṣlāḥ) and customary law . Among the nine pillars of minority fiqh, al-Qaradāwī also names the consideration of Islamic legal maxims . He lists a total of forty such legal maxims in the relevant section.
Respect for the reality of life in the minorities
According to al-ʿAlwānī's definition, minority fiqh is "a specific fiqh that takes into account the fact that legal judgment is linked to the circumstances of the community in question and to the place where it lives". It is the fiqh of a firmly enclosed community with special living conditions and special needs. What is suitable for them is not necessarily suitable for other communities. Among the rules for the development of minority fiqh he calls the "exact examination of the reality of life". As long as this reality with all its components is not understood, it is impossible to formulate the Fiqh problem in such a way that the Koran can be successfully consulted in this regard. He also emphasizes that fiqh must always be tested against practical reality. The process of developing the rules and issuing fatwa must, according to al-ʿAlwānī, become an ongoing dispute between fiqh and reality. The reality is to become a laboratory that shows the Muslims how useful the fatwa is.
Al-Qaradāwī also emphasizes this point. Most Muslim scholars, he says, are unaware of the real situation and suffering of Muslim minorities in non-Muslim society; but it is not enough to give them fatwas based on the classic Fiqh books without knowing the reality of their lives and studying their needs and needs to a sufficient extent. In his opinion, the contemporary ijschtihād can only fulfill its task if the legal scholar has an interest in the reality of life (al-wāqiʿ al-muʿaiyaš) and adds an understanding of the reality of life to the understanding of the texts and arguments. Just as a doctor can only administer an antidote if he has previously fully understood the disease through close observation of the patient, the mufti , the issuer of Islamic legal opinions, must, in addition to the law of God, the reality of life of the respective person in order to carry out a successful, contemporary ijschtihād Know minority. Therefore it is a duty of the mufti to study the reality of the minority for whom he is preparing fatwas. He must also take into account that the minorities differ greatly from one another. There are great differences, for example, between immigrant and long-established minorities, between oppressed and influential minorities, between numerically small and large minorities, between those in free constitutional states and those who live under dictatorships, and between fragmented and well-organized minorities.
At the beginning of his book, al-Qaradāwī gives an overview of the various Muslim minorities in East and West. Basically, he says, minority fiqh has to look at people's problems not from an idealistic, but from a realistic perspective.
Consideration of constraints and needs
Even Nuh Ha Mim Keller , who in 1995 argued with al-'Alwānī over the minority fiqh, it stressed the importance of the principle of Darūra , which says that Muslims who are in a weak position to take exception rules in Fiqh in claim. This principle is of central importance in the theory of al-Qaradāwī. The recognition of human needs (ḍarūrāt) and needs (ḥāǧāt) is one of the nine basic pillars that minority fiqh must take into account. He sees this principle already laid out in the Sharia itself, because it provides for exceptions to the prohibitions for compulsory situations. He uses Sura 2: 173 as an example, which states that believers who are forced to eat forbidden foods do not commit sin. In his view, the reality orientation of the Sharia includes that it equates the need (ḥāǧa) in some cases with the predicament. In his opinion, the recognition of the need as a reason for the easing of regulations is also documented in the Sunna, because there is tradition that Mohammed gave his two companions ʿAbd ar-Rahmān ibn ʿAuf and az-Zubair ibn al-ʿAuwām , who because of the The condition of their garments suffered from itching, allowed them to wear silk clothes, although he had previously generally forbidden men to do so.
In an-Najjār, the principle that predicament makes forbidden things permitted is one of the three legal theoretical rules on which minority fiqh should be oriented. He believes that this principle should be applied in minority fiqh because Muslims in Europe are subject to positive law , which in many cases is contrary to Sharia law.
Al-ʿAlwānī, on the other hand, was rather skeptical of this concept. In his book, he said that it is not the goal of minority fiqh to grant minorities concessions that the Islamic majorities do not enjoy. Rather, through this fiqh, the minorities should be made into exemplary models that represent the Islamic umma in the countries in which they live. In this respect, it represents a Fiqh of the "elite" and the rigorous interpretations of duties (ʿazāʾim) . The questions that arise for the Muslim minorities with the maxim that predicaments make forbidden things permitted have a detrimental effect on their " Islamic character ”. PunktUdschail an-Naschamī also criticized this point in his commentary. He accuses al-ʿAlwānī of wanting to make life more difficult for the minorities than necessary by depriving them of legitimate opportunities to facilitate Islamic norms.
The principle of relief in al-Qaradāwī
Al-Qaradāwī's strong consideration of the hardships and needs of Muslims is functionally related. In his view, minority fiqh has the primary goal of helping the Muslim minorities, both individuals and families and various communities, to lead “a carefree life” (ḥayāh muyassara) with their Islam . For al-Qaradāwī, the adoption of the principle of relief (manhaǧ at-taisīr) is also one of the cornerstones of minority fiqh. Al-Qaradāwī derives this principle from various verses of the Koran (including sura 2: 185, 4:28) as well as from the tradition according to which Muhammad asked his companions to make things easier and not to make things more difficult (yassirū wa-lā tuʿassirū) . This principle was still lived by the companions of the prophets, but was increasingly lost in the following generations. This again created burdens for the people for whose elimination the Prophet was actually sent.
According to al-Qaradāwī, the principle of relief is to be observed in particular in connection with the rule of “changing the fatwa according to the changed requirements” (taġaiyur al-fatwā bi-taġaiyur mūǧibāti-hā) , which he believes in one way or another will be represented in all law schools. In this regard, he notes that the greatest change that can be brought about by a change of location is the difference between Dār al-Islām and the other areas, because Dār al-Islām helps the Muslim to comply with Islamic commandments and prohibitions in other areas this advantage is missing. Therefore, in Dār al-Islam, ignorance of the religious rules is inexcusable, while outside of Dār al-Islam it can be an excuse for the ignorant. Basically, a Muslim is weaker in a non-Islamic society and therefore needs a higher degree of relief.
According to al-Qaradāwī, a release from the madhhab bond (at-taḥarrur min al-iltizām al-maḏhabī) is necessary in order to realize the principle of relief . According to al-Qaradāwī, the contemporary mufti should lead people out of the “prison of the oppressive madhhab being into the vast courtyard of the Sharia ”, which, in addition to the eight madhhabs that are still obeyed, also includes madhhabs that have perished, doctrines of imams who did not establish a madhhab, and also the doctrines of the scholars among the companions of the prophets . By joining a school of law, people according to al-Qaradāwī have made life unnecessarily difficult, while God wanted to make it easy for them.
A Fiqh not only for Muslim minorities: GegenAtīya's alternative
Almost all studies on Fiqh al-aqallīyāt are characterized by the fact that they limit the concept of minority to the Muslim minorities. The only exception is the book Towards a New Minority Fiqh by Jamāl ad-Dīn ʿAtīya. It does not only deal with the Muslim minorities outside of the Islamic countries and the non-Muslim minorities within the Islamic countries, but with religious, ethnic, linguistic and cultural minorities in general and the globally widespread problem of chauvinism against minorities and their discrimination . In ʿAtīya's view, these problems can only be solved with the help of international agreements. He assigns "absolute authority" (marǧiʿīya muṭlaqa) to such agreements as religious texts . That is why he sees it as one of the most important obligations of the Islamic states that they adhere to the international agreements to which they have signed. In this context he refers to the Koran words in sura 5: 1 and sura 2: 177, which call for compliance with the treaties.
Another principle that ʿAtīya wants to see observed in minority fiqh is that of reciprocity , which he believes is not only anchored in international law but also in Sharia law. This principle imposes on Muslims, on every minority issue, to put non-Muslim minorities in Islamic countries and Muslim minorities in non-Islamic countries in a relationship and then to measure them with the same standard. ʿAtīya, however, means that reciprocity on the Islamic side must be tied to what is virtuous. For example, if the enemies violate the honor of Muslim women, then conversely Muslims should not violate the honor of their wives. If they kill the women and children, then the Muslims shouldn't do the same. If they starve prisoners of war to death, then the Muslims should not pay them back with the same coin.
ʿAtīya emphasizes that the search for just solutions requires a holistic view. You have to treat people the way you want to be treated by them , and you shouldn't use double standards depending on whether you belong to the majority or the minority. For this reason, he also rejects those concepts that are based solely on the demands of the Muslim minorities, without considering the demands of the non-Muslim minorities. As a negative example, he refers to the book on minority fiqh by Tāhā al-ʿAlwānī.
Application examples
Al-Qaradāwī offers in the second part of his book a number of fatwas as application examples for Fiqh al-aqallīyāt. Another collection of cases can be found in the third part of his book “On the Guidance of Islam. Contemporary fatwas ” (Min hady al-Islām. Fatāwā muʿāṣira) . In the following sections, a selection of particularly well-known and much discussed fatwas that are assigned to Fiqh al-aqallīyāt is presented:
Is a rapprochement between the religions permissible?
The first fatwa in al-Qaradāwīs book on Fiqh al-aqallīyāt is devoted to the question of whether a rapprochement between religions, especially between Islam and Christianity , is permissible. He begins his remarks on this question by pointing out that the term "rapprochement between religions" is used for different situations, some of which are to be rejected, others are permissible. A dissolution of the fundamental differences between the various religions, such as between the Tawheed in Islam and the Trinity in Christianity, and between the transcendental image of God (tanzīh) in Islam and the anthropomorphic image of God (tašbīh) in Judaism, should be rejected . This also includes the different views of Jesus Christ among Muslims and Christians. Another fundamental difference between Muslims and Ahl al-kitāb is that the Koran, the holy book of Muslims, has been preserved from any change, while the Torah and Gospel have been proven to have been falsified .
Al-Qaradāwī counts among the admissible forms of rapprochement between the religions the "conversation in a good way" (al-ḥiwār bi-llatī hiya aḥsan) . The Muslims are even obliged to such a dispute with their opponents in a good way , because it is a means of Daʿwa , as the Koran says in sura 16: 125: “Call to the way of your Lord with wisdom and with a beautiful sermon and argue with them in a good way ”. Cooperation in the fight against atheism and libertinism is also desired. As an example that a united action by Muslims and Christians can be successful, he cites the coordinated action of the Azhar (Egypt) , the Islamic World League and the Vatican at the World Population Conference in 1994 in Cairo and at the World Conference on Women in Beijing in 1995. Another common field of activity could be the struggle for justice for oppressed peoples. Finally, al-Qaradāwī also sees the possibility of joint action to spread the spirit of tolerance against fanaticism.
Marriage of a Muslim to a non-Muslim
Al-Qaradāwī points out that it is generally permissible for a Muslim to marry a woman from the Ahl al-kitāb . Only marriage with a polytheist , an atheist , a member of the Baha'i or an apostate is prohibited . However, al-Qaradāwī clearly restricts the basic permission of the Ahl al-kitāb to marry a woman insofar as he specifies four conditions to be observed:
- The woman must be a believer. So it is not enough that she only came from a Christian family.
- Women must be chaste, a quality that is rarely found in today's Western societies.
- The woman must not belong to a people who are hostile to the Muslims and fight them. Al-Qaradāwī deduces from this that a Muslim is not allowed to marry a Jew because "every Jew is in her spirit a soldier in the Israeli army".
- No harm or conflict must arise from the marriage . If, for example, marriages with non-Muslim women became widespread among the Muslim minority concerned, the logic and spirit of Sharia law required the prohibition of such marriages, because otherwise Muslim women would no longer find Muslim husbands. Since there is also the risk that a non-Muslim wife will culturally dominate married and family life and raise their children in accordance with their own values, it must be ensured that the wife, if she does not accept the Islamic faith, at least follows the social traditions and accept the customs of Islam.
Because of the dangers he assumed for the Muslim family, al-Qaradāwī came to the conclusion that marriage to non-Muslim women should be forbidden in the present. Such a marriage is only allowed if there is an "imperative" or an "urgent need".
Case of the woman who converts to Islam without her husband
Al-Qaradāwī also discusses the question of whether a married woman who converts to Islam while her husband remains a non-Muslim should divorce him. In his view, the question is significant because such a rule, as advocated by many Islamic legal scholars, can prevent married women from converting to Islam. At the beginning of his discussion, al-Qaradāwī lists nine different opinions of classical legal scholars on this question, which he found in the work Aḥkām ahl aḏ-ḏimma by Ibn Qaiyim al-Jschauzīya . The first five views call for immediate or later separation of the spouses, while the second group of opinions favors maintaining the marriage. The sixth opinion allows the woman to wait and hope that her husband will convert too, even if it takes years. It is based on the tradition according to which ʿUmar ibn al-Chattāb gave a converting woman the choice of staying with her Christian husband or of leaving him. The seventh opinion, which is traced back to Alī ibn Abī Tālib , is that even if the man remains non-Muslim, he retains the right to his wife as long as she does not emigrate. According to the eighth opinion, the marriage continues unless the imam or the qādī separates it. The final opinion is that the woman remains his wife and that all rights and obligations, with the exception of the sexual relationship, continue to exist.
Ibn al-Qaiyim himself had chosen the sixth opinion in discussing this question. Al-Qaradāwī criticizes Ibn al-Qaiyim for not treating all nine opinions adequately in his discussion, but for having limited himself to this sixth opinion. He himself advocates the seventh doctrine, which is traced back to ʿAlī ibn Abī Tālib. In his opinion it represents a specification for the Koranic prescription in Sura 60:10. There it says: “O you who believe! When believing women come to you as emigrants, test them! God knows their faith very well. If you then acknowledge them as believers, do not send them back to the unbelievers. They are not allowed to the unbelievers and the unbelievers to them. ”According to Alī, al-Qaradāwī explains, this rule should only apply to women who had left their husbands and emigrated to the Muslims, but not to women who were with them their husbands remained.
Since Umar ibn al-Chattāb had given a wife who had converted to Islam the choice of staying with her husband who had remained Christian, al-Qaradāwī regards it as proven that even today's converts to Islam are allowed to stay with their non-Muslim husbands. This is said to be a “great relief” (taisīr ʿaẓīm) for them . Al-Qaradāwī describes his decision in favor of the seventh of the doctrines handed down by Ibn al-Qaiyim elsewhere as “selective, deliberate ijschtihād”.
Can a Muslim inherit from a non-Muslim?
The four Sunni schools of law actually forbid this, due to a traditional prophetic word that neither a Muslim inherits from a kaafir nor, conversely, a kaafir from a Muslim. In the opinion of al-Qaradāwī, this rule affects the financial possibilities of Western Islam converts whose parents do not convert and thus stands in the way of conversions to Islam. Because of this, he recommends disregarding the existing scholarly consensus and orienting oneself towards the concept of general interest (maṣlaḥa) . Since there is an interest in making it easier for potential converts to Islam, one must allow the inheritance of a Muslim from a non-Muslim.
Adoption of a child
This case was decided by the Mauritanian scholar Muhammad Al-Mukhtar Al-Shinqiti (born 1966), director of the Islamic Center of South Plains in Lubbock, Texas . Al-Shinqiti ruled in a fatwa in 2005 that Muslims who live in non-Muslim countries and want to adopt a child are allowed to give them their own family name, although this is actually forbidden according to Sura 33 : 5. He justified this exception by stating that there was a predicament because parents who did not give their adoptive children their own surname encountered many legal difficulties in non-Muslim countries.
Congratulations to the Ahl al-kitāb on their festivals
Al-Qaradāwī also deals in his book with the question of a Muslim student living in Germany, whether Muslims are allowed to congratulate members of the Ahl al-kitāb on their festivals. In his answer, al-Qaradāwī refers to sura 60: 8–9, according to which God does not forbid believers to be kind to those who do not fight them. From this one can conclude that it is not forbidden for Muslims to exchange gifts and greetings with the Ahl al-kitāb for celebrations as long as they do not contain symbols of the other religion such as the cross. Although he knew that Ibn Taimīya had a stricter opinion, he could only agree with his opinion regarding the refusal of Muslims to participate in religious celebrations of the polytheists and Ahl al-kitāb. It is definitely inadmissible for Muslims to celebrate Christmas themselves , "because we have our festivals and they have their festivals." However, there is nothing wrong with congratulating people from Muslim neighbors or colleagues. He himself assumes that Ibn Taimīya would have changed or softened his mind if he had lived in the present, because there are several reasons to adapt the fatwa to the time. This includes al-Qaradāwī 1. the need of Muslims to interact with non-Muslims because they have become their teachers in many sciences and arts; 2. The need of the Islamic Daʿwa to approach people through kindness; 3. the fact that congratulating a colleague or neighbor does not imply acceptance of the Christian faith; 4. The fact that Christmas has largely lost its religious character in the present and has become a national custom .
Purity of dogs
Al-Qaradāwī deals with this example in the section on the cornerstones of minority fiqh. While Hanafis , Shafiites and Hanbalites are very rigid in their emphasis on the impurity of dogs, Mālik ibn Anas is less strict and considers every living being, even dog and pig, to be pure. In the 8th century, Mālik derived the purity of dogs from the Koranic statement in Sura 5: 4 that animals captured by them may be eaten while hunting. Since dogs are omnipresent in the West, Muslims should orientate themselves to the doctrine of Mālik, because the conception of the impurity of dogs "makes them narrow in their religion and their everyday life complicated".
Buying a house with the help of an interest-bearing loan
Is it allowed to buy a house in western countries with the help of an interest-bearing loan ? Al-Qaradāwī discusses this question in great detail in his book because it had caused particularly heated controversy among Muslims in previous years. He begins his remarks on this question by saying that some Muslim scholars from India and Pakistan belonging to the Hanafi madhhab had fatwa allowed their Muslim compatriots living in Great Britain to do this so that they could buy houses in central London and today belong to the great landowners in England. In a long list, he highlights the financial and non-financial advantages of home ownership (including tax benefits, independence, future security). He then gives an overview of the range of positions of the various modern Muslim scholars on this question: For example, the Law Academy of the Organization of the Islamic Conference had declared the taking of an interest-bearing loan with reference to the Ribā prohibition inadmissible, while the Syrian legal scholar Mustafā az-Zarqā (1904–1999) allowed such interest-bearing loans in non-Islamic countries, following on from the Hanafi legal tradition. Az-Zarqā had justified his position in a fatwa by stating that one of the aims of Sharia law was to preserve the wealth of Muslims. Since buying a house is better for the Muslim than a tenancy, taking out an interest-bearing loan to buy a house is permissible.
Al-Qaradāwī himself had for twenty years declared in fatwas that the acquisition of home ownership by means of interest-bearing loans was prohibited . Later, however, a change of heart occurred with him, which al-Qaradāwī explains with gentleness of age. In 1999 he participated in an ECFR fatwa declaring such transactions permissible.
The ECFR fatwa, which al-Qaradāwī reproduces in its full length, relies in its argumentation mainly on the Islamic legal maxim "predicament makes the forbidden things permitted" (aḍ-ḍarūrāt tubīḥ al-maḥẓūrāt) and at the same time refers to the fact that according to opinion According to Islamic legal scholars, a special or general need (ḥāǧa) can take the same position as the predicament (ḍarūra) . Such a need exists in the European context because the prohibition on taking out interest-bearing loans discourages Muslims from acquiring real estate and thus puts them in a weaker position. In addition, the fatwa referred to the doctrine of Abū Hanīfa , according to which Muslims outside of Dār al-islām are allowed to do business with Ribā. From this it was concluded that Muslims are not required to change the economic and financial rules in a non-Islamic society.
Two members of the ECFR, the Muslim Brotherhood Muhammad al-Barāzī in Denmark and the Pakistani Suhaib Hasan ʿAbd al-Ghaffār, who lives in England, publicly criticized the ECFR fatwa in the newspaper Ash-Sharq al-ausat . On the one hand, they argued that the panel had misinterpreted the Hanafi madhhab in two ways, firstly because Hanafis only allow Ribā in Dār al-Harb, but this category does not apply to European countries, and secondly, Hanafis only allow Muslims in non-Islamic societies, To take interest but not to give it. On the other hand, al-Barāzī and ʿAbd al-Ghaffār argued that in this case the Council had improperly applied the principle of need that becomes a predicament because the financial weakness of Muslims in Europe was not the result of avoiding interest-bearing loans but their disagreement. Only if the Muslims who want to buy a house are unable to rent an apartment at a reasonable price or to buy it in a religiously permissible manner are they allowed to take out an interest-bearing loan.
Al-Qaradāwī ends his remarks by reproducing a reply in which he rejected the two scholars' objections. In it he emphasizes that it should not be left to Islamic legal scholars to assess the question of whether the Muslim minorities' need for home ownership represents a "predicament", but that non-religious experts and European Muslims themselves should also be consulted.
Participation in elections in non-Islamic countries
Are Muslims allowed to actively participate in elections in non-Islamic countries? This problem is cited by the American Sheikh Muhammad Nur Abdullah as an example of the application of minority fiqh. He explains that political elections in Muslim countries are to be classified very differently than in non-Muslim countries because Muslims can vote in the former, while such parties do not exist in the latter. Under these circumstances, some Muslims could come to the erroneous view that by actively participating in elections one is violating the prohibition in the Qur'an (e.g. Sura 5:51) that one should not take non-Muslims as patrons. In Fiqh al-aqallīyāt, however, this is understood differently, namely that Muslims should choose the party that best serves their interests.
The public discussion of minority fiqh
Al-ʿAlwānī's program and al-Qaradāwī's treatise aroused great interest in the concept of minority fiqh among the Islamic public, so that it became the subject of lively public debate. One of the first events at which this concept was discussed was the 13th Conference of the Supreme Council for Islamic Affairs , which is under the Egyptian Ministry of Religions , in May / June 2001. Four lectures at this event dealt with Fiqh al-aqallīyāt .
The polemic of al-Būtīs (2001/03)
The public discussion of the concept was particularly sparked by the fact that in June 2001 the Syrian scholar Muhammad Saʿīd Ramadān al-Būtī sharply criticized the concept in one of his monthly letters published on the Internet. In this text, entitled “It is no coincidence that the call for minority fiqh coincides with the plan to split Islam”, he suggested that the advocates of minority fiqh pursue a project that ultimately stopped would result in a fragmentation of the uniform global Islam into various regional Islam, which would then be in conflict with one another. The development of an independent Western Islam that differs from Islam in the Islamic countries is by no means desirable and cannot be based on any foundations. If the proponents of Fiqh al-aqallīyāt pointed out that it was based on various legal maxims , one could argue against them that these were general principles that were in no way restricted to certain regions such as Europe and America.
Al-Būtī accused the proponents of Fiqh al-aqallīyāt of wanting to develop a special Islamic doctrine of norms that is compatible with the surrounding “currents of disbelief, viciousness and rebellion”. The mere stay of Muslims in the “house of unbelief” (dār al-kufr) does not, however, represent a predicament that justifies the development of such a special doctrine of norms. Since God has ordered the Muslims to emigrate to Dār al-Islām if they are not allowed to apply the Islamic rules, they should not allow any changes to the Islamic doctrine of norms. In this context al-Būtī refers on the one hand to the example of the Prophet Mohammed, who emigrated with his followers from Mecca when he was cornered by the Muschrik ūn, and on the other hand to Sura 4:97, where those believers who have not emigrated from the area of oppression, the punishment from hell is threatened. The minority fiqh, however, saw al-Būtī as a threat to Muslims living in the West, because it put them in danger of being absorbed in the movement of the “sinful Western civilization”.
Al-Būtī later polemicized even more often against minority fiqh. On May 16, 2003, the Friday after the Maulid an-Nabī , he castigated it in his Friday sermon in Damascus, which was broadcast live on satellite television, as “the latest means of tinkering with God's religion” (aḥdaṯ wasāʾil at -talāʿub bi-dīn Allāh) . The New Muslims of Nottingham, a neo-traditionalist group of new Muslims in England, translated al-Būtī's criticism of minority fiqh into English and made it available to the Western public in this way.
The Critique of Tariq Ramadan (2003)
Tariq Ramadan , who is considered a pioneer of the idea of Euro-Islam , expressed criticism from a different ideological direction . In 2003, in his book “Muslims of the West and the Future of Islam” (Musulmans d'Occident et l'avenir de l'Islam) , he rejected the notion in minority Fiqh that Muslims living in the West are minorities. Regarding the universality of the values represented by Islam, he said that Muslims should not think of their presence in Western societies in terms of a “minority”. He said that the status of the minority is not a natural category, but rather the result of a certain political conception that seeks to restrict Muslim options for action, while Muslims should actually see themselves as part of the "ethical majority".
Ramadan also criticized the subtitle of al-Qaradāwī's book, which speaks of "the life of Muslims in the midst of other societies". This implies that Western societies are different, alien societies for the Muslims who lived there. Western Muslims, however, are at home in these societies and should not perceive these societies as foreign societies.
Defense of the concept by FCNA and ECFR
The Fiqh Council of North America also had to deal with criticism of minority Fiqh. According to a collective fatwa published on the Internet platform Islamonline.net in December 2003, some Muslim scholars viewed this concept as an inadmissible innovation that "manipulates the religion of Allah". Two scholars of the Fiqh Council, Tāhā al-ʿAlwānī and Muhammad Nur Abdullah, and the aforementioned scholar Muhammad Al-Mukhtar Al-Shinqiti defended the concept against this criticism and stressed that it in no way touches or changes the foundations of the religion. Al-Shinqiti protested above all against the accusation that Fiqh al-aqallīyāt was a bid ,a, an innovation that contradicts the Sunnah: “The Fiqh of the Muslim minorities is not an innovation. The earlier books of jurisprudence contain numerous rules that affect Muslims living in non-Islamic countries. The only new thing is the term that is used for such rules, namely 'Fiqh of the Muslim minorities'. But there is nothing wrong with changing terms. "
The ECFR was also faced with the task of defending the concept. At the twelfth ECFR session, which took place in Dublin from December 31, 2003 to January 4, 2004, the concept was discussed in detail for over a day. Relevant studies by six members of the ECFR were discussed: Yūsuf al-Qaradāwī, ʿAbdallāh ibn Baiya, Tāhā Jābir al-ʿAlwānī, ʿAbd al-Madschīd an-Najār, al-ʿArabī al-Bish adrī and Salīhāhān. The Maliki scholar ʿAbdallāh ibn Baiya , who teaches in Saudi Arabia, gave a series of lectures on minority fiqh at the Zaytuna Institute in Berkeley in 2001 . These lectures, known as Rihla Class , were distributed in the form of 18 CDs by Alhambra Productions. In his contribution to the ECFR meeting, he discussed the difference between predicament and need, thereby responding to the critics of the ECFR fatwa on the admissibility of the Taking up an interest-bearing loan reacted, which had accused the committee of a misinterpretation. The Egyptian scholar Salāh ad-Dīn Sultān, who lives in Bahrain , presented methodical rules for minority fiqh in his contribution and emphasized the responsibility of the Muslim minorities for the improvement of the countries in which they live. The investigation of al-ʿAlwānī consists only of a version of his book from the year 2000 extended by a foreword.
At the end of the session, the panel reiterated the use of the term “minority” (aqallīya) , probably in response to the criticism of Tariq Ramadan , referring to the “international custom” (al-ʿurf ad-daulī) . The ECFR defined Fiqh al-aqallīyāt relatively neutrally as "the normative scientific provisions that relate to the Muslim who lives outside the Islamic countries". Most of the studies submitted to the panel (Sultān, al-ʿAlwānī, Ibn Baiya, Najjār, and al-Bishrī) were published in the ECFR magazine that same year.
The AMSS Conference 2004
Shortly after the ECFR meeting, in February 2004, the British branch of the Association of Muslim Social Scientists (AMSS [UK]) in conjunction with the International Institute of Islamic Thought (IIIT), the Muslim College and Q-News Media hosted the University of Westminster organized its fifth annual conference and dedicated it to the topic “Fiqh Today: Muslims as Minorities”. At this conference, minority fiqh was viewed very critically at times. In his opening speech, AMSS Chairman Anas Al-Shaikh-Ali called on the participants to work towards a “comprehensive methodology for minority fiqh”, but Mustafa Cerić , Grand Mufti of Bosnia and Herzegovina , who was invited as the main speaker, opened his basic address with the remark that he does not believe in minority fiqh because he does not want to be regarded as half a Muslim because of his minority status.
The Syro-American scholar Louay Safi, who gave a lecture on “The Creative Mission of the Muslim Minorities in the West”, said that “minority fiqh” is actually a misnomer, because the need to overcome historical interpretations of Islamic law is not just an issue Muslim minorities in the West, but among all Muslims.
The Tunisian-French thinker Mohamed Mestiri gave a lecture entitled “From Fiqh of Minorities to Fiqh of Citizenship”. In it, he suggested that Muslim scholars should move away from the concept of minority fiqh, which is too tied to an immigrant mentality, and move towards a "fiqh of citizenship". The aim of this new fiqh is to “integrate the philosophy of citizenship in the West in order to create a new fiqh in a plural sphere” and “to take into account the principle of humanism based on the equality of all people”. In this way, the marginal status of an immigrant with an incompatible order can be transformed into that of a full citizen. Instead of a “culture of fatwas”, it is a matter of developing a “culture of finality”.
The concept of minority fiqh was only defended at the conference by al-ʿAlwānī. However, he was not present at the conference himself, but had pre-recorded his lecture in the form of a video presentation. The British convert Charles Le Gai Eaton called for a new minority fiqh to be created that was considerably simpler than what had previously been considered, because otherwise the Muslim youth in the West would turn away from Islam.
The Critique of Hizb ut-Tahrir (2004)
In 2004, Asif Khan (born 1977), a high-ranking member of the Islamist organization Hizb ut-Tahrir in Great Britain, also published a tract on the Internet in which he rejected minority fiqh as an attempt to infiltrate Islam. The 44-page long treatise consists of two parts: in the first part the view that there is a need for minority fiqh is rejected, in the second part the foundations of political participation and integration are challenged. Asif Khan was particularly offended by the fact that the proponents of Fiqh al-aqallīyāt consider it permissible for a woman who converts to Islam to remain married to her non-Muslim husband. In his opinion this contradicts the Koranic rule in Sura 60:10. A modification of this rule leads in his opinion to a reprehensible (munkar) .
In addition, Asif Khan also rejected the doctrine of the five universal "purposes of Sharia" (maqāṣid aš-šarīʿa) on which the advocates of minority fiqh rely. These five universal purposes, namely the protection of religion, life, understanding, descent and property, are the purposes of the Sharia as a whole, but not of the individual provisions, and therefore cannot be used to legitimize specific individual acts. Another key concept of minority fiqh that Asif Khan has questioned is that of citizenship. He takes the view that accepting citizenship of a non-Muslim state should not lead to the Sharia being modified or Muslims fighting Muslims as part of a non-Muslim army, because this contradicts Islam.
In his closing remarks, Asif Khan summed up that minority fiqh is “the symptom of a corrupt thought process” that “looks to the dominant West for its solutions”.
Comments from the Arabian Peninsula
The general secretary of the Islamic World League ʿAbdallāh at-Turkī was similarly critical of Fiqh al-aqallīyāt in 2005 . In a foreword to the magazine of the Islamic Fiqh Academy, which is affiliated with the World League, he castigated the attempt to create a separate Fiqh for the Muslim minorities with dispensary fatwas as a phenomenon of a general “disorder” (iḫtilāl) . He warned that the legitimate principle of relief, which is based on hardships and needs, should not lead to the Islamic rules being permanently suspended.
The International Islamic Fiqh Academy (IIFA) in Jeddah , which is affiliated with the Organization for Islamic Cooperation, also took an indirect position on minority Fiqh. In April 2005, it published a resolution calling for the avoidance of the term “minority” for Muslims living outside the Islamic world, because it was a concept of secular law that did not express the reality of Islamic existence , "Which is characterized by universality, authenticity, stability and coexistence with other societies." Only expressions such as "the Muslims in the West" or "the Muslims outside the Islamic world" are appropriate. It was also recommended that a Sharia law commission be set up within the academy to find solutions to the fiqh problems confronting Muslims outside the Islamic world. The adoption of the resolution was preceded by extensive discussions within the panel in which 25 Islamic scholars from different countries took part. The rejection of the term minority in the resolution was linked to a lecture by the Libyan scholar Muhammad Fathallāh al-Ziyādī, in which he had argued that "minority" was a term borrowed from the West that defined certain power relations ("weak minority" versus " strong majority ”) implies and includes the possibility of discrimination , division and antagonism .
The fatwa center on the website Islamweb.net, operated by the Qatari Ministry of Religions, gave a much more positive opinion on Fiqh al-aqallīyāt. When it was asked in March 2006 whether there was a special Fiqh for the Muslim minorities, it gave an affirmative answer and made it clear that minority Fiqh, like other branches of Fiqh, is based on the Koran and Sunna, but on the details the universal principles of the Sharia, which provide for the elimination of troubles, are recurrent.
Ibn Baiya's revision of minority fiqh (2007)
In the years that followed, the concept continued to be criticized. In August 2007, for example, the Shādhilīya Sheikh Nuh Ha Mim Keller expressed at the annual meeting of his followers in the United Kingdom that minority fiqh was incompatible with the principle of Taqwā , a form of godliness cultivated especially in Sufism. Despite this constant criticism, the advocates of minority fiqh initially stuck to the concept. In 2007, the IIIT hosted a seminar on “Minority Fiqh and the Purposes of Sharia”, in which 25 Islamic activists from all over the world took part. An international conference on exactly the same topic took place in November 2009 in Kuala Lumpur . It was organized by the World Islamic League and the International Islamic University of Malaysia . And the Mauritanian scholar ʿAbdallāh ibn Baiya hosted a five-day conference in Cardiff in 2007 on fatwa-making and minority fiqh, attended by 60 Muslim scholars. Probably at this conference he presented the content of his new book, which was published in the same year under the title “The Fatwa-Making and the Jurisprudence of Minorities” (Ṣināʿat al-fatwa wa-fiqh al-aqallīyāt) .
A special feature of Ibn Baiya's book is that it evaluates the Western concept of citizenship particularly positively. Ibn Baiya appreciates this concept as a reciprocal legal relationship between individuals of a group of people living on the same territory who do not necessarily have the same ancestry, cultural memory or religion, but are held together solely by a constitution and laws that fulfill the duties and define the rights of individual members. This concept, he explains, “is perhaps the most important bridge for the religious values of every group of people to be respected and accepted, and is in line with the Islamic understanding of human coexistence. The Muslim has nothing against it, he could even campaign for it. "
Many things that are connected with citizenship are, in Ibn Baiya's view, “required by religion and naturally desired”. This includes “the right to life, justice, equal treatment, freedoms, protection of property, protection from arbitrary imprisonment and torture, the right to social security for the poor, the elderly and the sick, and cooperation between individual members of society for general well-being, as well as that related duties such as paying taxes, defending the home country against aggression and obeying the law ”.
Ibn Baiya also recognizes the values of "neutral secularism" (al-ʿilmānīya al-muḥāyida) as positive. For him, this includes respect for religious convictions, religious neutrality, recognition of individual and collective human rights , the protection of which the state watches over, the right to disagree, diversity and deviation from the characteristics of individuals and groups, etc. All this, Ibn thinks Baiya does not contradict the great values of the revealed religions, especially not the values of the Islamic religion, "which calls for goodness, charity and brotherhood between people." Therefore, in his view, loyalty (al-walāʾ) is towards a western one The state is also not incompatible with loyalty to religion. It is true that devotion to God, his Messenger and his book is an indisputable necessity, but it should not form an exclusive "wall" that excludes any worldly relationship with other people. Rather, it is necessary to work together with people in the pursuit of common interests and to avert disastrous things, to exchange friendly affections with them and to cultivate good relations with them, according to the request in Sura 2:83: “Only speak good things to them People!"
The Saudi scholar Salmān al-ʿAuda , who made minority fiqh the subject of his talk show al-Ḥayāt kalima (“Life is a Word”) on MBC in October 2010 , praised Ibn Baiya's book as “one of the best books drawn up on this subject ”.
Shift in the discourse
In general, it can be observed that the advocates of minority fiqh in Europe turned away from the concept of the minority towards the end of the first decade of the 21st century and turned their interest more towards the concept of citizenship (muwāṭana) . Alexandre Caeiro attributes this to the influence of Tariq Ramadan's criticism. ʿAbd al-Madschīd an-Najār published a book in 2009 entitled “Jurisprudence of Citizenship” (Fiqh al-muwāṭana) . In it he stated that the implications of the minority term had led him to rename his book Fiqh al-muwāṭana . Basically, however, Fiqh al-aqallīyāt and Fiqh al-muwātana are the same. At the Institut Européen des Sciences Humaines in Paris, the course that Ahmad Jaballah regularly gave there on minority fiqh was renamed "Fiqh of the Muslim presence in Europe" (Fiqh al-ḥuḍūr al-islāmī fī Ūrūbbā) . The syllabus no longer contained al-Qaradāwī's book on Fiqh al-aqallīyāt, but various books on the concept of citizenship, Islam in the West and the fatwas of the ECFR and other Fiqh councils. Al-Qaradāwī himself published a book in 2010 on "Homeland and Citizenship in the Light of Beliefs and the Purposes of Sharia" (al-Waṭan wa-l-Muwāṭana fī ḍauʾ al-uṣūl al-ʿaqadīya wa-l-maqāṣid aš-šarʿīyya) , in which he stopped talking about minority fiqh.
The debate on minority fiqh is currently enjoying a late bloom in Israel. There Iyad Zahalka, Qādī at the Sharia court in Jerusalem, spoke out in favor of establishing a minority fiqh for the Muslims in Israel. Two other scholars, Mohanad Mustafa and Ayman K. Agbaria, on the other hand, have questioned the suitability of this concept for the Palestinian-Israeli context, on the one hand because of the political situation in Israel and on the other hand because of the indigenous character of the Palestinian-Arab minority.
As far as the European context is concerned, the British Muslim scholar Shahrul Hussain criticized again in 2016 with reference to the ECFR fatwa on buying a home with an interest-bearing loan that it was unclear what the paradigm of minority Fiqh could achieve that was not already provided by the normal Islamic legal methodology and secured by Islamic legal maxims .
Judgment on the concept outside of Islamic scholarship
Overall, the concept of minority fiqh has been received very positively in western science as an attempt to adapt Islam to the European or western context. The religious scholar Gritt Klinkhammer characterized Fiqh al-aqallīyāt as “one of the traditional ways of integration” as early as 2005. The concept of Alexandre Caeiro is interpreted in a similar way in his dissertation Fatwas for European Muslims: the minority fiqh project and the integration of Islam in Europe , defended in 2011 , which represents one of the most important studies on the minority fiqh debate. Caeiro describes minority fiqh “as an attempt to provide an authoritative interpretation of Islamic tradition in the context of migration and social change ”. He believes that this debate is directly linked to the integration debate that dominates the discourse on Islam in Western Europe. The impression that the increasing Islamophobia in Europe made it impossible to integrate Muslims led to a waning interest in the concept from 2010 onwards.
In their publications, many other scholars also highlight the contribution that minority fiqh can make to the integration of Muslim minorities in Europe and America (Taha 2013, Houot 2014, Kazemipur 2016). Uriya Shavit has worked out in two studies that the fiqh al-aqallīyāt represented by the ECFR is in diametrical contrast to the Salafist concept al-Walā 'wa-l-barā' , which urges Muslims to stay away from non-Muslims (Shavit 2012, 2015). Y. Matsuyama, who wrote a master's thesis on minority fiqh at the Tokyo University of Foreign Studies , emphasizes the function that this concept has for Islamic scholars themselves. In their view, Fiqh al-aqallīyāt is "one of the most effective goods invented by the ʿUlamā ' to [...] regain their authority in the highly competitive religious market of Islam, especially in Muslim minority societies".
Since 2007, minority fiqh has been the subject of a number of qualification theses at universities in Europe (besides Caeiro 2011, Remien 2007, Schlabach 2009, Albrecht 2010, Rafeek 2012), North America (Dogan 2015) and Japan (Matsuyama 2010). A peculiarity of German publications on Fiqh al-aqallīyāt is that here the term is mostly translated as “minority rights” (for example in Schlabach and Albrecht). In view of the fact that the Arabic term Fiqh does not mean “right” but rather “understanding, knowledge, jurisprudence” and Tāhā al-ʿAlwānī has emphasized the general epistemological character of Fiqh in Fiqh al-aqallīyāt, however the question of whether this translation is appropriate.
literature
Basic Arabic and English texts
- Asraf ʿAbd-al-ʿĀṭī: Fiqh al-aqallīyāt al-muslima bain an-naẓarīya wa-t-taṭbīq. Dār al-Kalima li-n-Našr wa-t-Tauzīʿ, al-Manṣūra 2008.
- Ḫālid Muḥammad ʿAbd al-Qādir: Min fiqh al-aqallīyāt. Wizārat al-auqāf wa-š-šuʾūn al-islāmīya, Doha 1997 - engl. Translated under the title Jurisprudence for Muslim minorities. Ministry of Al Awqaf, Supreme Council for Islamic Affairs, Cairo 2003.
- Ḫālid Muḥammad ʿAbd-al-Qādir: Fiqh al-aqallīyāt al-muslima. Dār al-Īmān, Ṭarābulus 1998.
- Ṭāhā Ǧābir al-ʿAlwānī : Madḫal ilā fiqh al-aqallīyāt. In: Islāmīyat al-maʿrifa. 19 (winter 1999/2000) 9-29. PDF - extended version al-Maǧalla al-ʿilmīya li-l-Maǧlis al-urūbbī li-l-iftāʾ wa-l-buḥūṯ. 4-5 (2004) 44-92.
- Ṭāhā Ǧābir al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. Nahḍat Miṣr, al-Ǧīza 2000.
- Ṭāhā Ǧābir al-ʿAlwānī: Towards a Fiqh for minorities: some basic reflections. Translated from the Arabic by Ashur A. Shamis, International Institute of Islamic Thought, London [u. a.] 2003. PDF of the version from 2010 (English version with a new preface and closing remarks)
- Ǧamāl ad-Dīn ʿAṭīya Muḥammad: Naḥwa fiqh ǧadīd li-l-aqallīyāt. In: Al-Umma fī qarn. (Special edition of the journal Ḥaulīyat Ummatī fī l-ʿālam. 2000/2001) Vol. V, pp. 7-105. PDF - reprinted as an independent book by Dār as-Salām, Cairo 2003. PDF
- Jasser Auda (Ed.): Rethinking Islamic law for minorities. Towards a Western-Muslim identity. n. d., here visible.
- Muṣṭafā Muḥammad Ḥasan Dūmān: Ḍawābiṭ al-ḍarūrah aš-šarʿīya wa-taṭbīquhā ʿalā fiqh al-aqallīyāt al-Muslimah fī Urūbbā. Dār Ibn Ḥazm li-ṭ-Ṭibāʿa wa-n-Našr wa-t-Tauzīʿ, Beirut 2013.
- Ismāʿīl al-Ḥasanī: Qirāʾa fī bunyat fiqh al-aqallīyāt. In: Maǧallat Islāmīyat al-Maʿrifa. 30 (fall 2002) 119-144. PDF
- ʿAbdallāh Ibn-aš-Shaiḫ al-Maḥfūẓ Ibn-Baiya: Ṣināʿat al-fatwā wa-fiqh al-aqallīyāt. Dār al-Minhāǧ, Ǧidda 2007 - ext. Edition Ar-Rābiṭa al-Muḥammadīya li-l-ʿUlamāʾ, [ar-Ribāṭ], 2012. - Online version with different pagination
- Nuh Ha Mim Keller : Which of the four orthodox madhhabs has the most developed fiqh for Muslims living as minorities. Originally published in Q-News. The Muslim Magazine. 1995.
- Asif Khan: The Fiqh of Minorities: The New Fiqh to Subvert Islam. Khilafah Publications, London 2004, ISBN 1 899 574 344 online version
- Midḥat Māhir: Ǧadīd fiqh al-aqallīyāt fī mauḍūʿ al-marʾa. In: ʿAbd-al-Ḥamīd Abū-Sulaimān u. a. (Ed.): Murāǧaʿa fī ḫiṭābāt muʿāṣira ḥaula al-marʾa: naḥw manẓūr ḥaḍārī. Kullīyat al-Iqtiṣād wa-'l-ʿUlūm as-Siyāsīya, Giza 2007, pp. 37-100.
- Nādya Maḥmūd Muṣṭafā: Fiqh al-aqallīyāt al-muslima baina fiqh al-indimāǧ (al-muwāṭana) wa-fiqh al-ʿuzla: qirāʾa siyāsīya fī wāqiʿ al-muslimīn fī Ūrbbā. PDF
- ʿAbd al-Maǧīd an-Naǧǧār : Naḥwa manhaǧ uṣūlī li-fiqh al-aqallīyāt. In: al-Maǧalla al-ʿilmīya li-l-maǧlis al-Urūbbī li-l-iftāʾ wa-l-buḥūṯ. 3 (2003) 41-64.
- ʿAbd al-Maǧīd an-Naǧǧār: Fiqh al-muwāṭana li-l-Muslimīn fī Urūbbā. ECFR 2009, pp. 129-208. Digitized
- ʿUǧail Ǧāsim an-Našamī: At-Taʿlīqāt ʿalā baḥṯ 'Madḫal ilā uṣūl wa-fiqh al-aqallīyāt' li-l-ustāḏ ad-duktūr Tāhā Ǧābir al-ʿAlwānī. In: al-Maǧalla al-ʿilmīya li-l-Maǧlis al-urūbbī li-l-iftāʾ wa-l-buḥūṯ. 7 (2005) 17-63.
- Yūsuf al-Qaraḍāwī : Fī fiqh al-aqallīyāt al-Muslima: ḥayāt al-Muslimīn wasṭ al-muǧtamaʿāt al-uḫrā. Dār aš-Šurūq, Kairo 2001, ISBN 977-09-0735-9 digitized version - partial English translation under the title Fiqh of Muslim minorities: contentions issues & recommended solutions. Al-Falah Foundation, Cairo 2003. Digitized
- Ṣalāḥ ad-Dīn ʿA. Sulṭān: aḍ-Ḍawābiṭ al-manhaǧīya li-l-iǧtihād fī fiqh al-aqallīyāt al-muslima. Sulṭān, Cairo 2005.
- Sulaimān Muḥammad Tūbūlyāk: al-Aḥkām as-siyāsīya li-l-aqalliyāt al-muslima fī l-fiqh al-islāmī. Dār an-Nafāʾis, Dār al-Bayāriq, Amman, Beirut 1997
Secondary literature
- Sarah Albrecht: Islamic minority law. Yūsuf al-Qaraḍāwī's concept of fiqh al-aqallīyāt. Ergon-Verl., Würzburg 2010, ISBN 978-3-89913-753-8 .
- Zainab Alwani: Maqasid Qur'aniyya: A Methodology on Evaluating Modern Challenges and Fiqh al-Aqalliyyat. In: The Muslim World. 104 (2014) 465-487.
- Abdessamad Belhaj: Minority Fiqh. In: Emad El-Din Shahin, Peri J. Bearman, Sohail H. Hashmi, Khaled Keshk, Joseph A. Kechichian (Eds.): The Oxford Encyclopedia of Islam and Politics. Oxford University Press, Oxford, 2014. Vol. II, pp. 54a-57a.
- Alexandre Caeiro: The Power of European Fatwas: The Minority Fiqh Project and the Making of an Islamic Counterpublic. In: International Journal of Middle East Studies. 42 (2010) 435-449.
- Alexandre Caeiro: Fatwas for European Muslims: the minority fiqh project and the integration of Islam in Europe. Dissertation, Utrecht University, 2011, digitized version
- Alexandre Caeiro: Minorities, Jurisprudence of. In: Gerhard Böwering (Ed.): The Princeton Encyclopedia of Islamic Political Thought. Princeton University Press, Princeton NJ 2013, pp. 346a-348a.
- Okan Dogan: Rethinking Islamic Jurisprudence for Muslim Minorities in the West. MA Thesis, University of Texas, 2015. PDF
- Shammai Fishman: Fiqh al-Aqalliyyat: A Legal Theory for Muslim Minorities. Hudson Institute, Washington DC 2006. Online version
- Ralph Ghadban: Fiqh al-aqalliyyat and its Place in Islamic Law. In: Orient. 51 (2010) 56-63.
- Said Fares Hassan: Fiqh al-aqalliyyāt: history, development, and progress. Palgrave Macmillan, New York 2013, ISBN 978-1-137-34669-8 .
- Sandra Houot: De l'apport du droit des minorités (fiqh al-aqalliyyât) et de ses applications éthico-morales: adapter l'islam en contexte européen. In: Amin Elias u. a. (Ed.): Laïcités et musulmans, débats et expériences: (XIXe - XXe siècles). Lang, Bern a. a. 2014, pp. 99–121.
- Abdolmohammad Kazemipur: John Porter Book Prize Lecture: Bringing the Social Back In - On the Integration of Muslim Immigrants and the Jurisprudence of Muslim Minorities. In: Canadian Review of Sociology. 53/4 (2016) 437-456.
- Rüdiger Lohlker: Fiqh of Minorities in the European Context: A New Approach in the Field of Islamic Jurisprudence. In: Astrid Hafner, Sabine Kroissenbrunner, Richard Potz (Eds.): State, Law and Religion in Pluralistic Societies - Austrian and Indonesian Perspectives. Austrian and Indonesian Dialogue Symposium, May 27-29, 2009, Vienna. V&R Unipress, Göttingen 2010, pp. 93-98.
- Abdul-Rehman Malik: The AMSS (UK) Fifth Annual Conference: Fiqh Today: Muslims as Minorities. In: The American journal of Islamic social sciences. 21/2 (2004) 144-146. PDF ( Memento from July 28, 2018 in the Internet Archive )
- Andrew March: Sources of moral obligation to non-muslims in the 'Jurisprudence of Muslim minorities' (Fiqh al-aqalliyyāt) discourse. In: Islamic Law and Society. 16 (2009) 34-94.
- Andrew March: Are Secularism and Neutrality Attractive to Religious Minorities? Islamic Discussions of Western Secularism in the 'Jurisprudence of Muslim Minorities' (Fiqh Al-Aqalliyyat) Discourse. In: Cardozo law review. 30/6 (2009) 2821-2854. Digitized - reprint in Susanna Mancini and Michel Rosenfeld (eds.) Constitutional secularism in an age of religious revival. Oxford Univ. Press, Oxford [and a.] 2014, pp. 283-310.
- Muhammad Khalid Masud: Islamic Law and Muslim Minorities. In: ISIM Newsletter. 11 (2002) 11 (2002): 17 online version
- Yohei Matsuyama: Fiqh al-Aqalliyat: development, advocates and social meaning. In: AJAMES: Annals of Japan Association for Middle East Studies - Nihon-Chūtō-Gakkai-nenpō. 26.2 (2010) 33-55.
- Tauseef Ahmad Parray: The Legal Methodology of Fiqh Al-Aqalliyyat and its Critics: an Analytical Study. In: Journal of Muslim minority affairs. 32/1 (2012) 88-107.
- MMM Rafeek: Fiqh al-Aqalliyyat (jurisprudence for minorities) and the problems of contemporary Muslim minorities of Britain from the perspective of Islamic jurisprudence. Ph.D. Thesis, University of Portsmouth 2012. PDF
- Florian Remien: Muslims in Europe: Western State and Islamic Identity. Investigation of the approaches of Yūsuf al-Qaraḍāwī, Tariq Ramadan and Charles Taylor. EB-Verlag, Schenfeld 2007, pp. 49-57.
- Umar Ryad: A Prelude to Fiqh al-Aqalliyyât: Rashîd Ridâ's Fatwâs to Muslims under non-Muslim Rule. In: Christiane Timmerman (Ed.): In-between spaces: Christian and Muslim minorities in transition in Europe and the Middle East. Lang, Bruxelles 2009, pp. 239-270.
- Jörg Schlabach: Sharia in the West: Muslims under non-Islamic rule and the development of a Muslim minority right for Europe. Lit Verlag, Berlin 2009.
- Uriya Shavit: The Wasati and Salafi Approaches to the Religious Law of Muslim Minorities. In: Islamic Law and Society. 19 (2012) 416-457.
- Uriya Shavit: Shariʿa and Muslim Minorities: The Wasaṭī and Salafī Approaches to Fiqh al-Aqalliyyat al-Muslima. Oxford University Press, Oxford 2015, ISBN 978-0-19-875723-8
- Uriya Shavit and Iyad Zahalka: A Religious Law for Muslims in the West: The European Council for Fatwa and Research and the Evolution of Fiqh al-Aqalliyyat al-Muslima. In: Roberto Tottoli (Ed.): Routledge Handbook of Islam in the West. Routledge, London 2014, pp. 365-377.
- Dina Taha: Muslim Minorities in the West: Between Fiqh of Minorities and Integration. In: Electronic Journal of Islamic and Middle Eastern Law. 1 (2013) 1-36.
- Alan Verskin: Oppressed in the land? Fatwās on Muslims living under non-Muslim rule from the Middle Ages to the present. Wiener, Princeton, NJ, 2013, ISBN 1-558-76571-9 , pp. 113-148.
Individual evidence
- ↑ Al-ʿAlwānī: Madḫal ilā fiqh al-aqallīyāt. 2004, p. 66.
- ^ Caeiro: Minorities, Jurisprudence of. 2013, p. 346b.
- ↑ Cf. Ryad: A Prelude to Fiqh al-Aqalliyyât: Rashîd Ridâ's Fatwâs to Muslims under non-Muslim Rule. 2009, pp. 239-241.
- ↑ Cf. Ryad: A Prelude to Fiqh al-Aqalliyyât: Rashîd Ridâ's Fatwâs to Muslims under non-Muslim Rule. 2009, pp. 242-244.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 7 f.
- ^ Caeiro: Minorities, Jurisprudence of. 2013, p. 346b.
- ↑ Al-ʿAlwānī: Madḫal ilā fiqh al-aqallīyāt. 2004, p. 64.
- ↑ Al-ʿAlwānī: Madḫal ilā fiqh al-aqallīyāt. 2004, p. 64f.
- ↑ Al-ʿAlwānī: Madḫal ilā fiqh al-aqallīyāt. 2004, p. 65.
- ↑ Schlabach: Sharia in the West. 2009, p. 63.
- ↑ Al-ʿAlwānī: Madḫal ilā fiqh al-aqallīyāt. 2004, p. 65.
- ↑ They are reproduced in decision 23 (3/11) of the Academy of October 16, 1986 .
- ↑ Al-ʿAlwānī: Madḫal ilā fiqh al-aqallīyāt. 2004, p. 65.
- ^ Yusuf Talal DeLorenzo: The Fiqh Councilor in North America. In: Yvonne Yazbeck Haddad and John L. Esposito (Eds.): Muslims on the Americanization Path? Oxford University Press, New York 1998, pp. 65-86. Here p. 21.
- ↑ Al-ʿAlwānī: Madḫal ilā fiqh al-aqallīyāt. 2004, p. 65.
- ↑ Schlabach: Sharia in the West. 2009, p. 95.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 6.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 7f.
- ^ Masud: Islamic Law and Muslim Minorities. 2002, p. 17.
- ↑ Cf. Keller: Which of the four orthodox madhhabs has the most developed fiqh for Muslims living as minorities. 1995.
- ↑ Quoted in Schlabach: Sharia in the West. 2009, p. 69.
- ↑ Al-ʿAlwānī: Madḫal ilā fiqh al-aqallīyāt. 2004, p. 65.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 86f.
- ^ Matsuyama: Fiqh al-Aqalliyat: development, advocates and social meaning. 2010, p. 38.
- ↑ The interview with al-Qaradāwī is available here in text form.
- ↑ Cf. Caeiro: Fatwas for European Muslims. 2011, pp. 98 and 117.
- ↑ Cf. Caeiro: Fatwas for European Muslims. 2011, pp. 61, 96.
- ↑ Cf. al-Maǧalla al-ʿilmīya li-l-maǧlis al-Urūbbī li-l-iftāʾ wa-l-buḥūṯ 4/5 (2004) 10.
- ^ Caeiro: Minorities, Jurisprudence of. 2013, p. 346b.
- ↑ Shavit: Shariʿa and Muslim Minorities. 2015, p. 105.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 86.
- ↑ Shavit: Shariʿa and Muslim Minorities. 2015, p. 105.
- ^ Matsuyama: Fiqh al-Aqalliyat: development, advocates and social meaning. 2010, p. 37.
- ^ Matsuyama: Fiqh al-Aqalliyat: development, advocates and social meaning. 2010, p. 45.
- ↑ ʿAbd al-Qādir: Fiqh al-aqallīyāt al-muslima. 1998, pp. 335-337.
- ↑ Islāmīyat al-maʿrifa 19 (2000) 9-29. PDF ( Memento from November 27, 2014 in the Internet Archive ).
- ^ Fishman: Fiqh al-Aqalliyyat: A Legal Theory for Muslim Minorities. 2006, p. 2. The text itself can be viewed here.
- ↑ Cf. Caeiro: Fatwas for European Muslims. 2011, p. 62.
- ↑ al-āAlwānī: Towards a Fiqh for minorities. 2003, p. XVIII.
- ↑ Cf. to him Waṣfī ʿAšūr Abū Zaid: Ǧamāl ad-Dīn ʿAṭīya… riḥlat al-ʿaṭāʾ wa-t-taǧdīd , originally published on al-Wasaṭīya online January 22, 2008 Memento .
- ^ On this book, see also Albrecht: Islamic Minority Law. 2010.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 5.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 7f.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 8.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 30.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 31.
- ^ Remien: Muslims in Europe. 2007, p. 53.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 90.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 62.
- ↑ al-Maǧalla al-ʿilmīya li-l-maǧlis al-Urūbbī li-l-iftāʾ wa-l-buḥūṯ. 4/5 (2004) 173-226.
- ↑ See March: Sources of Obligation to non-Muslims. 2009, p. 39.
- ↑ ʿAbd al-Qādir: Fiqh al-aqallīyāt al-muslima. 1998, p. 37.
- ↑ ʿAbd al-Qādir: Fiqh al-aqallīyāt al-muslima. 1998, p. 38.
- ↑ ʿUmar ʿUbaid Ḥasana in ʿAbd al-Qādir: Min fiqh al-aqallīyāt. 1997, p. 36.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 33.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 33f.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 106.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 52.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 33.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 32 - engl. Translated p. 21.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 49.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 41 - engl. Transl. 27.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 42f - engl. Translated p. 28.
- ↑ Quoted from Ibn Ḥaǧar al-ʿAsqalānī : Fatḥ al-bārī fī šarḥ Ṣaḥīḥ al-Buḫārī. Ed. Muḥibb ad-Dīn al-Ḫaṭīb and Muḥammad Fuʾād ʿAbd al-Bāqī. Al-Maktaba as-salafīya, Cairo o. D. Vol. VII, p. 229, lines 19-20. Digitized
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 43f - engl. Translated p. 29.
- ↑ ʿAbd al-Qādir: Fiqh al-aqallīyāt al-muslima. 1998, p. 160.
- ↑ ʿAbd al-Qādir: Fiqh al-aqallīyāt al-muslima. 1998, p. 626.
- ↑ ʿAbd al-Qādir: Fiqh al-aqallīyāt al-muslima. 1998, pp. 635f.
- ↑ ʿAbd al-Qādir: Fiqh al-aqallīyāt al-muslima. 1998, p. 637.
- ↑ ʿAbd al-Qādir: Fiqh al-aqallīyāt al-muslima. 1998, p. 637.
- ↑ ʿAbd al-Qādir: Fiqh al-aqallīyāt al-muslima. 1998, p. 647.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 39f - engl. Transl. 26f.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, pp. 46-48 - engl. Translated from pp. 30-32.
- ↑ ʿAbd al-Qādir: Fiqh al-aqallīyāt al-muslima. 1998, p. 614.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 35.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 9 - engl. Transl. 6.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 44 - engl. Translated p. 29.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 35f.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 32.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 23.
- ↑ After Shavit: Shariʿa and Muslim Minorities. 2015, p. 112, this refers to Islam.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 35.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 45 - engl. Translated p. 29f.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 50.
- ↑ See Māhir: Ǧadīd fiqh al-aqallīyāt fī mauḍūʿ al-marʾa. 2007, p. 41.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 32.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 35f.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 5 - engl. Translated p. 3.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 5f - engl. Translated p. 3.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 10 - engl. Transl. 6f.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, pp. 35-37 - engl. Transl. 23-25.
- ^ Fishman: Fiqh al-Aqalliyyat: A Legal Theory for Muslim Minorities. 2006, p. 3.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 38 - engl. Transl. 25.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 17 - engl. Transl. 11.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 18 - engl. Transl. 11.
- ↑ al-āAlwānī: Towards a Fiqh for minorities. 2003, p. 37.
- ↑ Hassan: Fiqh al-aqalliyyāt: history, development, and progress. 2013, p. 184.
- ↑ An-Našamī: At-Taʿlīqāt. 2005, p. 23.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 11 - engl. Transl. 7.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 23.
- ↑ ʿAṭīya: Naḥwa fiqh ǧadīd li-l-aqallīyāt. 2003, p. 62.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 34f.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 40.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 40f.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 40f.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 6f - engl. Transl. 4.
- ↑ Malcolm Kerr: Islamic Reform. The Political and Legal Theories of Muḥammad ʿAbduh and Rashīd Riḍā. Berkeley 1966. pp. 69f.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 27f.
- ↑ Cf. Alwani: Maqasid Qur'aniyya: A Methodology on Evaluating Modern Challenges and Fiqh al-Aqalliyyat. 2014.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 24.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 25f - engl. Translated p. 16.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 27 - engl. Transl. 17.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 36.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 30 - engl. Transl. 20.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 28 - engl. Transl. 18f.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 37.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 38f.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 39.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 42f.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 5 - engl. Translated p. 3.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 33 - engl. Translated p. 22.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 34 - engl. Translated p. 23.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 29.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 44.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 46.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 17-19.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 55.
- ↑ Cf. Keller: Which of the four orthodox madhhabs has the most developed fiqh for Muslims living as minorities. 1995.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 55.
- ↑ an-Naǧǧār: Naḥwa manhaǧ uṣūlī li-fiqh al-aqallīyāt. 2003, p. 61.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 6 - engl. Transl. 4.
- ↑ Al-ʿAlwānī: Fī fiqh al-aqalliyyāt al-Muslima. 2000, p. 10 - engl. Transl. 6f.
- ↑ An-Našamī: At-Taʿlīqāt. 2005, p. 28.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 34.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 48-50.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 51-52.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 52.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 51.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 57.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 60.
- ↑ ʿAṭīya: Naḥwa fiqh ǧadīd li-l-aqallīyāt. 2003, p. 68.
- ↑ ʿAṭīya: Naḥwa fiqh ǧadīd li-l-aqallīyāt. 2003, p. 68.
- ↑ ʿAṭīya: Naḥwa fiqh ǧadīd li-l-aqallīyāt. 2003, p. 68f.
- ↑ ʿAṭīya: Naḥwa fiqh ǧadīd li-l-aqallīyāt. 2003, p. 109.
- ↑ Three of them are in Albrecht: Islamic Minority Law. 2010, pp. 83-97.
- ↑ Yusuf al-Qaradawi: Min hady al-Islām. Fatāwā muʿāṣira. 3rd volume. Dār al-Qalam, Kuwait 2003. pp. 537–682.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 65-67.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 65-67.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 92-95.
- ↑ See al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 97-103.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 100.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 100-103.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 104.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 105.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 106-108.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 109-116.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 117f.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 120.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 121.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 40.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 126-131.
- ^ Parray: The Legal Methodology of “Fiqh Al-Aqalliyyat”. 2012, p. 97.
- ^ Parray: The Legal Methodology of “Fiqh Al-Aqalliyyat”. 2012, p. 97.
- ↑ See Shavit: The Wasati and Salafi Approaches to the Religious Law of Muslim Minorities. 2012, p. 437.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 150.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 159.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 154.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 159-160.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 163-166.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 166f.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 168.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 169-170.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 174-179.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 174-177.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 177-179.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, pp. 179-181.
- ↑ Al-Qaraḍāwī: Fī fiqh al-aqallīyāt al-Muslima. 2001, p. 182f.
- ^ Fiqh of Muslim Minorities: Necessity or Innovation? online ( Memento from February 20, 2004 in the Internet Archive )
- ^ Matsuyama: Fiqh al-Aqalliyat: development, advocates and social meaning. 2010, p. 38.
- ↑ Muḥammad Saʿīd Ramaḍān al-Būṭī: Laisa ṣudfa talāqī ad-daʿwa ilā fiqh al-aqallīyāt maʿa l-ḫuṭṭa ar-rāmiya ilā taǧziʾat al-islām. In: Kalimat aš-šahr. June 2001 online ( Memento from November 15, 2004 in the Internet Archive ) - engl. Übers .: It is not a Coincidence that the Call to the Jurisprudence of Minorities meet with the Plot aiming at dividing Islam. In: Monthly Word. June 2001 online ( Memento from November 15, 2004 in the Internet Archive )
- ↑ See also Verskin: Oppressed in the land? Fatwās on Muslims living under non-Muslim rule. 2013, p. 146f.
- ↑ See also Verskin: Oppressed in the land? Fatwās on Muslims living under non-Muslim rule. 2013, p. 148.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 97.
- ↑ Cf. Māhir: Ǧadīd fiqh al-aqallīyāt. 2007, p. 94. The sermon is available online here .
- ↑ Cf. Muḥammad Saʿīd Ramaḍān al-Būṭī: Mawlid Khutba. Fiqh of Minorities is the most recent means of playing with Allah. ( Memento from November 25, 2010 in the Internet Archive )
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 65.
- ^ Tariq Ramadan: Les musulmans d'Occident et l'avenir de l'islam. Actes Sud, Paris, 2003. pp. 19f.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 113.
- ^ Tariq Ramadan: Les musulmans d'Occident et l'avenir de l'islam. Actes Sud, Paris, 2003. pp. 99f.
- ^ Fiqh of Muslim Minorities: Necessity or Innovation? online ( Memento from February 20, 2004 in the Internet Archive )
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 62.
- ↑ al-Maǧalla al-ʿilmīya li-l-maǧlis al-Urūbbī li-l-iftāʾ wa-l-buḥūṯ. 4/5 (2004) 119-171.
- ↑ Ṣalāḥ ad-Dīn Sulṭān: Aḍ-Ḍawābiṭ al-manhaǧīya li-fiqh al-aqallīyāt al-muslima. In: al-Maǧalla al-ʿilmīya li-l-maǧlis al-Urūbbī li-l-iftāʾ wa-l-buḥūṯ. 4/5 (2004) 17-42. Here pp. 23–26.
- ↑ Al-ʿAlwānī: Madḫal ilā fiqh al-aqallīyāt. In: al-Maǧalla al-ʿilmīya li-l-maǧlis al-Urūbbī li-l-iftāʾ wa-l-buḥūṯ. 4/5 (2004) 43-118.
- ↑ Al-Bayān al-ḫitāmī li-d-daura aṯ-ṯāniya ʿašar resolution 12/5
- ↑ al-Maǧalla al-ʿilmīya li-l-maǧlis al-Urūbbī li-l-iftāʾ wa-l-buḥūṯ. 4/5 (2004) 14-244.
- ↑ Malik: The AMSS (UK) Fifth Annual Conference: Fiqh Today: Muslims as Minorities. 2004, p. 144.
- ^ Mustafa Cerić: Towards a European-Islamic Identity. In: Auda: Rethinking Islamic Law for Minorities: Towards a Western-Muslim Identity. Pp. 21–32, here pp. 21f.
- ^ Louay M. Safi: The Creative Mission of Muslim Minorities in the West: Synthesizing the Ethos of Islam and Modernity. In: Auda: Rethinking Islamic Law for Minorities: Towards a Western-Muslim Identity. Pp. 44-60, here. P. 44.
- ^ Mohamed Mestiri: From the Fiqh of Minorities to the Fiqh of Citizenship: Challenges of Conceptualization and Implementation. In: Auda: Rethinking Islamic Law for Minorities: Towards a Western-Muslim Identity. Pp. 33-43, here: pp. 33, 35, 38f.
- ↑ Malik: The AMSS (UK) Fifth Annual Conference: Fiqh Today: Muslims as Minorities. 2004, p. 145.
- ^ Charles Le Gai Eaton: New Fiqh for Minorities: For the Sake of our Youth. In: Auda: Rethinking Islamic Law for Minorities: Towards a Western-Muslim Identity. Pp. 100-106.
- ↑ See also Taha: Muslim Minorities in the West. 2013, p. 7f.
- ^ Khan: The Fiqh of Minorities. 2004, pp. 8-17.
- ^ Khan: The Fiqh of Minorities. 2004, pp. 18-41.
- ^ Khan: The Fiqh of Minorities. 2004, p. 15f.
- ^ Khan: The Fiqh of Minorities. 2004, pp. 29-33.
- ^ Khan: The Fiqh of Minorities. 2004, pp. 37-41.
- ^ Khan: The Fiqh of Minorities. 2004, p. 42.
- ↑ Maǧalla al-Maǧmaʿ al-Fiqhī al-Islāmī 20 (2005) 17. The text can be viewed here.
- ↑ Resolution 151 (16/9) of the IIFA regarding the treatment of Muslim minorities from April 2005 .
- ↑ Caeiro: Fatwas for European Muslims. 2011, pp. 91-94.
- ↑ Fatwa No. 7266: Našʾat fiqh al-aqallīyāt wa-ʿalāqatu-hū bi-sāʾir furūʿ al-fiqh
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 65. The report on which Caeiro refers is available here .
- ↑ Schlabach: Sharia in the West. 2009, p. 89.
- ↑ The final declaration of the conference is published here .
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 62f.
- ↑ See March: Are Secularism and Neutrality Attractive to Religious Minorities? 2009, pp. 2844f.
- ↑ Ibn-Baiya: Ṣināʿat al-fatwā wa-fiqh al-aqallīyāt. 2012, p. 380f.
- ↑ Ibn-Baiya: Ṣināʿat al-fatwā wa-fiqh al-aqallīyāt. 2012, p. 382.
- ↑ Ibn-Baiya: Ṣināʿat al-fatwā wa-fiqh al-aqallīyāt. 2012, p. 384.
- ↑ Ibn-Baiya: Ṣināʿat al-fatwā wa-fiqh al-aqallīyāt. 2012, p. 384f.
- ↑ Ibn-Baiya: Ṣināʿat al-fatwā wa-fiqh al-aqallīyāt. 2012, p. 386.
- ↑ Ibn-Baiya: Ṣināʿat al-fatwā wa-fiqh al-aqallīyāt. 2012, p. 388.
- ↑ Weblink Section 4, 1.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 71f.
- ↑ an-Naǧǧār: Fiqh al-muwāṭana li-l-Muslimīn fī Urūbbā. 2009, p. 184.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 71f.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 104.
- ^ Iyad Zahalka: Shari'a in the modern era. Muslim minority jurisprudence. Cambridge University Press, Cambridge, 2016. Here in particular pp. 145–172.
- ↑ Mohanad Mustafa and Ayman K Agbaria: Islamic Jurisprudence of Minorities (Fiqh al-Aqalliyyat) : the Case of the Palestinian Muslim Minority in Israel. In: Journal of Muslim minority affairs. 36/2 (2016) 184-201.
- ↑ Shahrul Hussain: Ribā-Based Mortgages in Dār al-Harb: An Issue of Modernist Application of Fiqh al-Aqalliyāt for Muslim Minorities. In: Journal of Muslim Minority Affairs. 36/3 (2016) 364-382.
- ↑ See Gritt Klinkhammer: Difficult integration. Religious authority and community in Islam in Europe. In: Hans G. Kippenberg and Gunnar Folke Schuppert (eds.): The legalized religion. The public status of religious communities. Mohr Siebeck, Tübingen, 2005. pp. 315-332. Here pp. 325–329.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 262.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 257.
- ↑ Caeiro: Fatwas for European Muslims. 2011, p. 104.
- ^ Matsuyama: Fiqh al-Aqalliyat: development, advocates and social meaning. 2010, p. 48.
- ↑ See Hans Wehr: Arabic dictionary for the written language of the present. Harrasowitz Verlag, 1985. p. 976.
