Reconstructing Fiqh al-Aqalliyyāt: Jurisprudential Challenges and Prospects for Muslim Minorities in Secular Democracies

Abstract

This study examines Fiqh al-Aqalliyyāt (jurisprudence for Muslim minorities) as a contemporary framework for addressing the religious, social, and legal challenges faced by Muslims living in secular democracies. Rooted in classical Islamic legal principles yet responsive to modern contexts, Fiqh al-Aqalliyyāt seeks to harmonize adherence to Islamic law with the demands of pluralistic, non-Muslim societies. The paper explores its historical development, key scholarly contributions, and methodological foundations, particularly the use of maqāṣid al-sharīʿah (objectives of Islamic law) and ijtihād (independent reasoning) in deriving context-specific rulings. Through a critical analysis of case studies—including issues of citizenship, political participation, interfaith relations, and compliance with secular law—it highlights both the potential and limitations of Fiqh al-Aqalliyyāt as a viable legal paradigm. The findings emphasize the necessity of a balanced approach that preserves Islamic identity while fostering peaceful coexistence and civic engagement. Finally, the paper argues for the continued evolution of this jurisprudence to address emerging ethical and legal questions in a globalized world.