Javascript must be enabled to continue!
Legal Adaptation for Muslim Minorities: A Reconstruction of Fiqh al-Aqalliyyat through the Methodological Frameworks of Abdullah bin Bayyah and Muhammad Yusri Ibrahim
View through CrossRef
This article examines the reconstruction of fiqh al-aqalliyyat as a framework for legal adaptation addressing the complex socio-legal challenges faced by Muslim minorities in non-Muslim majority societies. It focuses on the methodological frameworks developed by Abdullah bin Bayyah and Muhammad Yusri Ibrahim, two prominent contemporary scholars whose works have significantly shaped minority jurisprudence. Employing a comparative doctrinal and analytical approach, this study examines their primary writings sinaʿat al-Fatwa wa Fiqh al-Aqalliyyat and Fiqh al-Nawazil li al-Aqalliyyat al-Muslimah to identify the epistemological foundations, legal reasoning patterns, and normative objectives underlying their approaches. The findings demonstrate a clear methodological divergence: Ibn Bayyah emphasizes maqāṣid al-shariʿah, tahqiq al-manat, and contextual legal reasoning rooted in the Maliki tradition to enable adaptive and purpose-oriented rulings, while Yusri Ibrahim adopts a more textualist and precedent-based framework within the Hanbali school, prioritizing juristic continuity and doctrinal restraint. This article argues that fiqh al-aqalliyyat should be understood not merely as a collection of legal concessions (rukhaṣ), but as a systematic methodological paradigm that negotiates normative fidelity and contextual responsiveness. By reframing minority fiqh through the lens of legal adaptation, this study contributes to contemporary debates on Islamic legal methodology, minority rights, and the future development of Islamic jurisprudence in pluralistic societies.
Title: Legal Adaptation for Muslim Minorities: A Reconstruction of Fiqh al-Aqalliyyat through the Methodological Frameworks of Abdullah bin Bayyah and Muhammad Yusri Ibrahim
Description:
This article examines the reconstruction of fiqh al-aqalliyyat as a framework for legal adaptation addressing the complex socio-legal challenges faced by Muslim minorities in non-Muslim majority societies.
It focuses on the methodological frameworks developed by Abdullah bin Bayyah and Muhammad Yusri Ibrahim, two prominent contemporary scholars whose works have significantly shaped minority jurisprudence.
Employing a comparative doctrinal and analytical approach, this study examines their primary writings sinaʿat al-Fatwa wa Fiqh al-Aqalliyyat and Fiqh al-Nawazil li al-Aqalliyyat al-Muslimah to identify the epistemological foundations, legal reasoning patterns, and normative objectives underlying their approaches.
The findings demonstrate a clear methodological divergence: Ibn Bayyah emphasizes maqāṣid al-shariʿah, tahqiq al-manat, and contextual legal reasoning rooted in the Maliki tradition to enable adaptive and purpose-oriented rulings, while Yusri Ibrahim adopts a more textualist and precedent-based framework within the Hanbali school, prioritizing juristic continuity and doctrinal restraint.
This article argues that fiqh al-aqalliyyat should be understood not merely as a collection of legal concessions (rukhaṣ), but as a systematic methodological paradigm that negotiates normative fidelity and contextual responsiveness.
By reframing minority fiqh through the lens of legal adaptation, this study contributes to contemporary debates on Islamic legal methodology, minority rights, and the future development of Islamic jurisprudence in pluralistic societies.
Related Results
Formalizing Fiqh Al-Aqalliyyat for Muslim Minorities Perspectives of Abdallah bin Bayyah, Taha Jabir Al-Alwani & Jamāl al-Dīn 'Atiyyah
Formalizing Fiqh Al-Aqalliyyat for Muslim Minorities Perspectives of Abdallah bin Bayyah, Taha Jabir Al-Alwani & Jamāl al-Dīn 'Atiyyah
Minority jurisprudence is an innovation in jurisprudence regarding various problems faced by Muslims living in the midst of a non-Muslim majority. This research focuses on the meth...
The Critical Analysis of Taha Jabir al-Alwani’s Concept of Fiqh al-Aqalliyyāt
The Critical Analysis of Taha Jabir al-Alwani’s Concept of Fiqh al-Aqalliyyāt
The issues concerning the legality of residing in non-Muslim territories have direct and indirect ramifications for many Muslims who live in non-Muslim countries including American...
Strategies and Challenges in Strengthening Islamic Religious Education for Minority Muslim Students at SD Negeri 091332 Raya Bayu
Strategies and Challenges in Strengthening Islamic Religious Education for Minority Muslim Students at SD Negeri 091332 Raya Bayu
Abstract This study examines the challenges and strategies for strengthening Islamic Religious Education (PAI) for minority Muslim students at SDN 091332 Raya Bayu, Simalungun, Nor...
Konsep Maqasid Al-Shari‘ah Abdullah bin Bayyah
Konsep Maqasid Al-Shari‘ah Abdullah bin Bayyah
This article is the result of the literature research on the concept of maqasid alshari‘ah according to Abdullah ibn Bayyah, a Muslim thinker from Mauritania, Africa. The results c...
Perbahasan ‘Ulūm Al-Ḥadīth dalam Uṣūl Al-Fiqh Mazhab Syafii
Perbahasan ‘Ulūm Al-Ḥadīth dalam Uṣūl Al-Fiqh Mazhab Syafii
During its early years, the discipline of ‘Ulum al-Ḥadith gradually emerged into existence until it reached maturity in the seventh century with the appearance of the famous work b...
Adaptive Planning for Resilient Coastal Waterfronts
Adaptive Planning for Resilient Coastal Waterfronts
Many delta and coastal cities worldwide face increasing flood risk due to changing climate conditions and sea level rise. The question is how to develop measures and strategies for...
Predicting opioid consumption after surgical discharge: a multinational derivation and validation study using a foundation model
Predicting opioid consumption after surgical discharge: a multinational derivation and validation study using a foundation model
Abstract
Opioids are frequently overprescribed after surgery. We applied a tabular foundation model to predict the risk of post-discharge opioid consumption. The model wa...
Impact of opioid-free analgesia on pain severity and patient satisfaction after discharge from surgery: multispecialty, prospective cohort study in 25 countries
Impact of opioid-free analgesia on pain severity and patient satisfaction after discharge from surgery: multispecialty, prospective cohort study in 25 countries
Abstract
Background
Balancing opioid stewardship and the need for adequate analgesia following discharge after surgery is challe...

