The Critical Analysis of Taha Jabir al-Alwani’s Concept of Fiqh al-Aqalliyyāt

What is it about?

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 Muslims. The term non-Muslim country refers to places where Islam is neither the dominant religion nor the determiner of the legal system or the political power. The applicability of Islamic law in non- Muslim countries, the territoriality of Islamic law, the obligations of Muslim residents in non-Muslim societies, and the obedience to non-Muslim territories’ laws can be regarded as the dimensions related to the status of Muslim minorities. All of these are evaluated to provide detailed legal opinions and interpretations that govern the conduct of Muslim minorities.

Featured Image

Why is it important?

The article specifically focuses upon Alwani’s life and his concept of fiqh al-aqalliyyāt intending to provide insight into his contributions to Islamic law in the twentieth century. In the first instance, his biography is succinctly presented to demonstrate how the turning points in his life exerted influences upon his concept of fiqh al-aqalliyyāt. In the second instance, attention turns to his theory and opinions regarding the concept of fiqh al-aqalliyyāt. Some of his Islamic legal opinions that address controversial issues are engaged and analysed with the intention of evidencing how Alwani operated the concept of fiqh al-aqalliyyāt in solving problems that arise from the minority status of Muslims. His opinions related to the depiction of the Prophet’s picture on the United States Supreme Court’s wall and the prescribed punishment for apostasy provide insight into the concept of fiqh al-aqalliyyāt. By applying descriptive, analytical, and critical content analysis methods, the article sheds light on his evaluation of the sunna as a source of legislation and clarifies the place of sunna in his methodology. The article aims to examine the questionable status of sunna in Alwani’s fiqh al-aqalliyyāt concept with his own interpretations.