Dina M. Taha

Abstract

Fiqh of minorities is a specific framework/perspective of the general Fiqh that looks with one eye at the objectives and principles of Sharîâ a, and the other eye to consider the reality of Muslim minorities in cases that will, usually, only arise in the situation where Muslims constitute a minority. Fiqh of minority is, arguably, based on the premises that Muslim existence in non-Muslim communities, should promote a civilizational dialogue between the Islamic culture and other cultures. This paper argues that Fiqh of minorities' scholars attempt to provide legal opinions and solutions for Muslim minorities in the West in order for them to fulfill their role as both good Muslims and good citizens, i.e. positive integration as they define it. The paper asks whether the cultural background of the scholarâ Western/non-Westernâ impacts the nature of these solutions. The paper argues that Fiqh of minorities can provide two types of solutions a long-term one, for a permanent Muslim presence in the West, and a Short-termâ exceptionalâ one, for a temporary presence. The first suggests that we are dealing with full citizens and members of the society who happen to be Muslims in religion, while the second assumes that Muslims' natural and ultimate residence is in a Muslim majority country. Both types of solutions are reflected on the nature of the compromise Fiqh of minorities' scholars, who in turn are affected by their own cultural backgrounds, provide to solve â the good Muslim, Good citizen equationâ â i.e. whether they are perceived as â Western Muslims" or â a Muslim minority in the West".

Department

Law Department

Degree Name

MA in International Human Rights Law

Graduation Date

2-1-2012

Submission Date

May 2012

First Advisor

Parolin, Gianluca

Extent

NA

Document Type

Master's Thesis

Library of Congress Subject Heading 1

Muslims -- Europe.

Library of Congress Subject Heading 2

Minorities (Islamic law) -- Western countries.

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.

Institutional Review Board (IRB) Approval

Not necessary for this item

Comments

I would like to thank Professor Gianluca Parolin for his patience and insistence on bringing the best out of this thesis, and the law department at AUC for their continuous cooperation and support till the very last day. I would also like to thank Professors Yusuf al-Qaradâwî and Taha Jabir al-'Alwânî, founders of Fiqh of minorities, for their time, knowledge and guidance. Filly, sincere thanks to my family, old and new, parents, brother and husband for their never ending support, belief, and wide hopes, that leaves me no option but to always strive for the best.

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