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Fiqh Al-Aqalliyyat: History, Development, and Progress

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ISBN13: 9781137346698
Published: October 2013
Publisher: Palgrave Scholarly
Country of Publication: UK
Format: Hardback
Price: £63.00



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This book examines the development of a contemporary internal Muslim debate on the production of a new form of Islamic jurisprudence, Fiqh al-Aqalliyyat, i.e. jurisprudence of Muslim minorities. The objective of this fiqh is to strike a balance between Muslim's religious commitments and their civic identity as citizens in Western liberal states.

Three key trends are identified in this debate: the puritan literalist trend, the traditionalist trend and the renewal trend. The literalists argue that Muslim minorities should disassociate themselves from non-Muslims and confine their loyalty to their fellow Muslims. The traditionalists maintain that Muslim minorities can live in non-Muslim lands but via exceptional rules and conditional fatwas. The renewal trend asserts the need for a new category of jurisprudence with a new methodological framework that normalizes and empowers Muslim minority life in non-Muslim society. The study delineates these trends in detail and investigates their background, development and current conditions with special focus on the renewal trend and the discourse of Fiqh al-Aqalliyyat. The study investigates the thought of the pioneers of this discourse, sheikh Yusuf al-Qaradawi and Dr. Taha Jabir al-'Alwani, and explains the connection between their discourse on Fiqh al-Aqalliyyat and the discourse of legal reform of Muslim tradition in modern times. The study also presents a case study of how this discourse re-examined notions of world dichotomy to Dar al-Islam and Dar al-a arb, loyalty and citizenship.

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Subjects:
Islamic Law
Contents:
Introduction
1. Between Text and Context, the Impact of Textual Literalism and Puritan Ideology on the Life of Muslim Minorities
2. Voice of Tradition, Muslim Minorities and the Application of Islamic Law
3. Yusuf al-Qaradawi, an Ideologue for Muslim Minorities
4. Taha Jabir al-Alwani: Fiqh al-Aqalliyyat, a Model of Islamization of Knowledge
5. Fiqh al-Aqalliyyat: A Debate on World Division, Citizenship and Loyalty
Conclusion