The Historical and Theoretical Foundations of the Evolution of Fiqh al-Aqalliyyāt

فقہ الاقلیات کے ارتقاء کی تاریخی و نظریاتی بنیادیں

Abstract

The study explores the emergence, development, and intellectual grounding of Fiqh al-Aqalliyyāt (Jurisprudence of Muslim Minorities) within the broader framework of Islamic jurisprudence. It traces the historical roots of minority-related legal discussions from the classical period of Islamic law to the contemporary era, highlighting how changing socio-political contexts have necessitated fresh juristic responses. The research examines the theoretical foundations of Fiqh al-Aqalliyyāt, emphasizing the role of Maqāṣid al-Sharīʻah (objectives of Islamic law) as a guiding principle in addressing the unique challenges faced by Muslim minorities living in non-Muslim societies. It argues that traditional legal methodologies, while rooted in classical jurisprudence, require contextual reinterpretation through contemporary ijtihād to remain relevant and effective. Furthermore, the article analyzes the evolution of Islamic legal thought in response to globalization, migration, citizenship, and pluralistic societies, demonstrating how Fiqh al-Aqalliyyāt seeks to balance religious commitment with civic responsibility. The study underscores that this field is not a departure from Islamic legal tradition but an extension of its dynamic and adaptive nature. By situating Fiqh al-Aqalliyyāt within both historical continuity and modern legal discourse, the article highlights its significance as a vital area of contemporary Islamic jurisprudence, capable of offering practical and ethically grounded solutions for Muslim minorities in diverse global contexts.