Fiqh Al-Aqalliyyah and Muslim Minorities in a non-Muslim Community

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Adegoke, K.A.
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Academy of Islamic Studies, University of Malaya, Kuala Lumpur, Malaysia
The study researches into the legal theory of Fiqh Al-Aqalliyyah and Muslim minorities in a contemporary non-Muslim community. In order to achieve this objective, the paper examines the Fiqh Al-Aqalliyyah , its legal position in Islamic jurisprydence, its legal instruments and its applicability to lessen the physical, social, financial and emotional hardships or difficulties encountered by Muslim minorities who find themselves in an unfamiliar non-Muslim environment. Research method used in this study is expository, descriptive and analytical in order to showcase the applicability of Fiqh Al-Aqalliyyah in the modern legal theory within the context-specific and needs-based neo-Ijtihad legal rulings for rulngs for Muslim minorities. Conclusively, the paper makes findings that context-specific and needs-based neo-Ijtihad legal rulings of Fiqh Al-Aqalliyyah is still viable in this contemporary period to arrest new jurisprudential challenges facing the Muslim minorities in non-Muslim communities.Also neo-Ijtihad exercise of Fiqh Al-Aqalliyyah from a competent Islamic jurists and legal theorists of a particular society is meant for that society only and should not be given general or universal application so as not to cause confusion in the context-specific and needs-based jurisprudential response. Finally, the study recommends that Muslim minorities should make use of the Islamic jurists and legal theorists’neo-Ijtihad exercise of Fiqh Al-Aqalliyyah which are peculiar to their environment in procuring solutions to some of the contemporary Islamic jurisprudential challenges facing them in the non-Muslim community.
Scholarly articles
Fiqh Al-Aqalliyyah , Neo-Ijtihad , Muslim minorities , legal maxim , Non-Muslim community , Research Subject Categories::HUMANITIES and RELIGION::Religion/Theology::Islamology
Adegoke, K. A (2021). "Fiqh Al-Aqalliyyah and Muslim Minority in a non-Muslim Community" in Jurnal Syariah, Academy of Islamic Studies, University of Malaya, Kuala Lumpur, Malaysia, 29 (1), 1-20.