Rethinking Islamic jurisprudence for Muslim minorities in the West

Abstract

Fiqh al-Aqalliyyat is a new branch of fiqh that attempts to address contemporary realities experienced by Muslim minorities and the objectives/principles of Islamic jurisprudence. This paper describes the essential methodological principles of fiqh al-aqalliyat, and examines how scholars of fiqh al-aqalliyyat apply these principles to the unique issues faced by Muslim minorities. The legal opinions of minority fiqh scholars show that Muslim minorities can be both good Muslims and good citizens. This thesis also considers whether or not the juristic methodology and topics of fiqh al-aqalliyyat are in fact unique. The paper argues that indeed there are significant differences between fiqh al-aqalliyyat and traditional Sunni Islamic law.