New fiqh created

At a conference organized by the Union des Organisations Islamiques de France (UOIF) in 1992, a number offiqh experts came together to discuss the question of the legality of Mus­lims’ residence in the west.

During the 1990s, as a result of the ongoing transformation in the Muslim immigrant communities in the West, an enormous body of ‘religious’ questions were directed to imams, muftis and Muslim leaders. Some imams and Muslim leaders compiled their fatwas for Muslim minorities for publication. Dr Darsh’s Questions and Answers about Islam (1997),³ for exam­ple, contains a large selection of his biweekly column ‘Questions and Answers about Islam’ which appeared in Q-News International, a Muslim weekly newspaper published in English. By the advent of the 21st century, a number of similar compilations and treatises were pub­lished.⁴ These various publications paved the way for the emergence of a new jurisprudential category that extended beyond fiqh or fatwa cases. Rather it seeks to develop a new genre of jurisprudence, fiqh al-aqalliyyat. Thisfiqh aims at providing a general framework of objectives, characteristics and fundamentals for a minority-based fiqh, which considers the distinctive traits of each minority and their position in the new states.

As early as 2000, the expression fiqh al-aqalliyyat’ had come to be an established term, but nobody clearly knows who was the first to coin the term or introduce it. Some claim that al-Qaradawi did so with his early book Al-Halal wa-l-Haram (1960). Others argue that Taha Jabir al-Alawani first introduced it with his papers in various conferences and periodicals, particu­larly those presented around 1994. A third hypothesis argues that Dr 'Abd al-Majid al-Najjar or Dr Muhammad Fat-hy Othman was the first. In any case, the publications of al-Qaradawi and al-Alawani led to the term’s acceptance in many scientific and public circles. Their writings shifted the debate from the mere issuing and publishing of fatwas to the creation of a framework on how to deal with ‘religious’ (here, an ambivalent term that has ritual, social, economic and political dimensions) questions of a Muslim minority. In other words, the process of establishing a new category offiqh called fiqh al-aqalliyyat started. In due time, the title fiqh al-aqalliyyat’ be­come institutionalized through its acknowledgement by Muslim local and international juristic councils such as the European Council for Fatwa and Research, the American Muslim Jurists Association, the Islamic Society of North America, the Islamic Fiqh Academy, al-Azhar, etc.

From reading the available literature published by the proponents of this fiqh, however, no clear definition of the concept offiqh al-aqalliyyat emerges. In his Fi Fiqh al-Aqalliyyat al-Muslima, al-Qaradawi does not provide a legal definition, focusing instead on thefiqh’s ob­jectives, characteristics and sources. One reason for this disinterest in a legal definition is that al-Qaradawi considers fiqh al-aqalliyyat a part of the generalfiqh (al-fiqh al- 'amm), the only dif­ference being that this new category offiqh considers the current political and social changes for which the old fiqh did not account.

Given this interpretation, one can anticipate al-Qaradawi’s sources for his fiqh al-aqaliyyat: the Qur’an, the Sunnah, Ijma' and Qiyas. After that, consideration of other sources can be identified: ‘Urf, istislah, istihsan, sadd al-dhara’i', etc. However, al-Qaradawi qualifies his usage of these sources by arguing that he intends to use them within a framework of Ijtihad that takes into account the comprehensive rules offiqh, the exigencies of the time, the interest of the Muslim community (rather than only the individual interest), the consideration of the gradual application of the rulings, the recognition of human contemporary necessities and the liberation of oneself from commitment to any single school of thought.⁶ One may ar­gue that this methodology operates in al-Qaradawi’s overall discourse and in his projects of ‘Taystr al-Fiqh’ and ‘Fiqh al-Awlawiyyat’. Fiqh al-Aqalliyyat is essentially a continuation of his methodological framework.

Al-'Alawani, on the other hand, focused on methodology and attempted to define the meaning offiqh al-aqalliyyat. His definition, however, also lacks a legal dimension. After defining what constitutes fiqh and minority, he attempted to define fiqh al-aqalliyyaat, but, instead, ends up merely justifying the need for thatfiqh. He describes it as “a qualitative fiqh that considers the interaction between the Islamic legal rulings and the conditions of the community and the polity in which it lives.” He characterizes it as “a fiqh that applies to a limited restrained community living under special circumstances.

The sources offiqh al-aqalliyyat, according to al-'Alawani, start with the Qur’an and the Sunnah. The classical fiqh, especially that which in relation to the interaction between Muslim and non-Muslims, is historically bound and irrelevant to our present time. The classical fiqh arguments can be taken as precedents but they should not govern our positions.⁸

Apart from al-Qaradawi and al-'Alwani, other Muslim scholars engaged in the debate. 'Abdullah al-Najjar,⁹ a member of the ECFR, tried to underline the justifications for the need offiqh al-aqalliyyat. He argued that the Islamic jurisprudence manuals have little to say about the current situations of Muslims. He gave two reasons for this. First, the detailed rules of religion were based on the supremacy of Islam and the ability of the community to apply its rules collectively under an Islamic state. The case when Muslims lived under non-Muslim rules was discussed under general rules that do not correspond to the current presence of Muslims in non-Muslim nation-states. Second, the historical moment when Muslims were subject to non-Islamic rule were moments of intellectual stagnation and weakness, a matter which did not encourage the establishment of a solid framework for Muslims in a non­Muslim polity. Even the current residence of Muslims in the West began at a time when the Muslim world was itself dominated and colonized by the West. However, the new presence of Muslims in the West, under the new geography of the world, has proven an asset for Islam and Muslims that needs to be supported. Although Muslim jurists, he argues, try to respond to the new situations with their fatwas and studies, their efforts lack an essential element, the establishment of legal usulT rules that consider the peculiarities of the new situation. These new rules will not disregard the general usulT rules but will add to them a greater focus on the needs of Muslim minorities.

Salah Sultan,¹¹ a member of the Fiqh Council of North America, argues, in the same vein, for the need for methodological principles for fiqh of minority. The most interesting aspect of his research, however, is his argument that the fiqh of minority should be based on strengthening feelings of citizenship and belonging to one’s country. His language represents a paradigm shift from both traditional and contemporary discourses in that he does not begin by establishing a jurisprudential basis for his analysis. Instead he jumps to what some other scholars may consider a conclusion. In other words, Sultan calls on the proponents of that fiqh to make it a positive fiqh rather than a defensive one.¹²

Analysing the different positions discussed in different sources, one can argue that al- Qaradawi represents a trend of traditional reformism that bases its analysis on the general basic rules of traditional fiqh. Al-Najjar and Sultan take the issue a step further by factoring in the context. Al-Najjar concentrates on usulT rules, while Sultan considers citizenship in the society an usulT principle that takes priority. Al-'Alawani, on the other hand, represents a more intellectually and philosophically oriented school.

The discourse offiqh al-aqalliyyat was primarily developed by Sunni activist-jurists of Arab origin who immigrated to the West in the 1980s and 1990s, or those who had strong connections with those immigrants either due to activists’ circles or governmental support. Although many non-Arab immigrants, especially Indian and Pakistani scholars, have been increasingly participating in the legal debate during the last decade, the discourse itself is dominated by Arab jurists and intellectuals.

Most of those involved in the discourse offiqh al-aqalliyyat have an affiliation with modern movements of political Islam, especially the Muslim Brothers. As activists in an alien setting, they needed to justify their presence in relation to their faith and to their country of origin. Also as activists within their new residence, they sought to maintain an Islamic vision of life and promote it among their fellow Muslims. This was done through establishing national institutions such as the Muslim Student Association in the United States and the Federation of Islamic Organization in Europe. The more engaging these institutions were with their local and non-Muslim community, the more the need was felt for a specific legal discourse, i.e. fiqh al-aqalliyyat, that responds Islamically to the new challenges.

How to relate this new branch of jurisprudence for minorities with ‘traditional’ fiqh? What is the impact that minority fiqh has on traditional fiqh and vice versa? Legal debate shows that jurists mostly considerfiqh of minority as a sub-category of traditional fiqh. They share the same sources, the same legal principles, the same deductive rules, etc. They differ in the consideration of the context that may require a re-ordering of priorities or overweigh­ing a certain juristic position. In such a way, fiqh al-aqalliyyat is a label for a methodology of sifting, compiling and organizing traditional fiqh positions in a way that presents urgent minority questions in a mild accommodating manner. Other jurists, however, redefine the meaning offiqh, so as not to limit its connotation to legal determinations but to signify the earlier usage of the term to cover theology, law and ethics. Some other jurists relate fiqh al-aqalliyyat to modern understanding of the function of law, i.e. an epistemological field that requires the interaction of various realms: the legal, the sociological, the psychological and the historical. The main concern of the minority jurists is to go beyond the literal adoption of traditional fiqh and look for the general absolute principles of Shari 'ah. If certain traditional jurists divided the world into two abodes, the abode of Islam and the abode of War, Shari'ah does not obligate that. If traditional jurisprudence demands Muslims to be loyal only to one entity, Shari ah allows multiply loyalty, to one’s religion, to one’s residential community, to one’s family, etc.

Fiqh al-aqalliyyat uses the rich Islamic legal tradition to provide jurists and leaders of Mus­lim minorities not only with answers for their questions but also with legal premises that may be utilized on one hand to ethically respond to the claims of a Muslim’s inherent disloyalty to his non-Islamic state and on the other hand to support Muslims’ social bonds and enhance their political influence within the non-Muslim general public. These legal premises include: deepening the feeling of citizenship; responsibility for the welfare of one’s country (even if it is non-Muslim); stressing the civilized dimension of Islamic Law (e.g. jurisprudence for the environment, for human rights, for minority rights, etc.); the practice of collective Ijtihad; the significance of piety in legal deduction; the consideration of community priorities; and find­ing legitimate alternatives for forbidden matters in minority contexts. Although these ideas were mainly introduced in the context of minorities, they have been reiterated and affirmed in some contexts in the majority context, a matter that shows the travel and impact of ideas back and forth between majority and minority Muslim communities.

Fiqh al-aqalliyyat has also been used as an intellectual forum to introduce an Islamic perspec­tive on the question of world minorities, which has been one of the challenges encountering modern nation states in the contemporary world. In his study Jamal al-Din ‘Atiyya, Nahwa Fiqh Jadid li-l-Aqalliyyat (Cairo: Dar al-Salam, 2007), for example, Jamal al-Din 'Atiyya, an Islamic Law scholar and lawyer, examines the question of world minorities, regardless of their ethnic, religious or linguistic origin. He argues that there is no contradiction between the international legal conventions and the Islamic legal tradition on minority questions. Rather, they complete each other. The Islamic vision introduces theoretical basics and practical princi­ples that constitute a substance that international treaties translate into legal commitments, and establishes necessary mechanisms to monitor the application of these commitments.

The impact of minority fiqh is not confined to minority communities, but it has an impact on the field of Islamic Law as a whole and the conceptualization of its role in the modern world. As modern Muslim jurists stress the need to ijtihad, tajdld and reform, minority jurists found the field of minority jurisprudence a good space to test their ijtihad methodologies and reform ideas. The advocates of this fiqh had their own ijtihadi projects with a view to making Islam, referred to here asfiqh, relative to the questions and conditions, be they political, social or scholastic, of the present time. Al-Qaradawi, for example, introduced his project of mod­eration and facilitation, where he attempts to present a moderate vision of how to reclaim the spirit of Islam and how to redefine the role of Muslims in present-day life. Al-'Alwani proposed his ijtihadi project of the Islamization of Knowledge, where he aims to revive the universal Islamic philosophy of knowledge by redefining the objectives of the Shari'ah. Jamal 'Atiyya, an advocate offiqh al-aqalliyyat, pioneered the project of al-tanwir al-Islamt, that is, the Islamic Enlightenment Project. In this project 'Atiyya calls for a new ijtihad/revival of the science of the principles of jurisprudence. Those scholars managed to utilize the minority space to apply their reform projects. In another way, those jurists used minority questions to test their reform projects. For example, al-Qaradawi bases his fatwas on the principle of facil­itation and removing people’s hardships even if this means not adopting the position of the majority ofjurists (see, for example, his fatwa on the conditional permissibility of mortgage). As another example, Al-'Alawani applies the principle of islamization through the widening of the scope offiqh and incorporating interdisciplinary branches of knowledge such as sociol­ogy and psychology to answer a minority question (see his fatwa on political participation).

The language of the discourse offiqh al-aqalliyyat is different from the traditional fiqh in its conceptualization of the non-Muslim ‘other’. While traditional fiqh bases its positions on the division of the world and the classifications of people into Muslim, dhimmt, harbt and mus- ta'man, contemporary minority jurists stress the values ofjustice, freedom and human rights. This value-based discourse is unusual in the context of Muslims’ discussion of the Western world. Not long ago, and even in some circles today, the West is often seen as an immoral land without values. If contemporary anti-Muslim trends promote a conflict of civilizations, the Muslim literature talks about a conflict of values. To challenge this value conceptualiza­tion of the West, fiqh al-aqalliyyat provides Muslim minorities with a different evaluation of the Western value system (ofjustice, equity, egalitarianism, etc.). In fact, it makes them uni­versal, and as such Islamic. In so doing, fiqh al-aqalliyyat promotes not only a normalization of Muslims’ lives in the West from a juridical point of view, but also from an ethical and moral point of view. This means a moral commitment to maintain the basic political and social values of the non-Muslim society such as justice, freedom, equality, etc. This commitment cannot be maintained until there has been a process of critical investigation and redefinition of the Islamic classical jurisprudential classification of the world into dar al-Islam and dar al- harb. Minority jurists hold that this binary division of the world is context-specific and inap­plicable to the contemporary world. If there is at all a need to divide the world, the negative identification of an abode is no longer legitimate. Alternatives such as an abode of humanity, an abode of immigration, an abode of citizenship or an abode of co-existence and coopera­tion, or an abode of contract are more valid than other negative divisions. Consequently, the jurisprudence of minorities is better called jurisprudence of citizenship or co-existence or fiqh al-taaruf, i.e. knowing one another.

In a practice of adaptation, accommodation and negotiation with contextual realities and a reaffirmation of the changing nature of the Islamic legal system, fiqh al-aqalliyydt aims at four parallel goals. First, it contextualizes the legal tradition by arguing that the classical tradition is a result of its own context. Second, it normalizes a Muslim’s life in the West by providing evidence that Western life is in harmony with Islamic principles. Third, it argues that certain Shari'ah principles do not contradict liberal ethical beliefs. Fourth, it constructs a neo-Muslim identity where law, context and identity converge and balance. The ultimate objective of this process is to normalize Muslims’ life in the West via an Islamicized package that addresses individuals’ religious aspirations, the integrity of traditions, the authority of jurists, the threat of identity erasure in a globalized context, and the theoretical discourse of globalization and liberalization. Kathleen Moore elaborates that diasporic jurisprudence is a form of legal strategy designed to ‘normalize’ Muslims’ presence in the West, not necessar­ily in terms of the dominant institutions of a society, but internally, through the conscious use of Islamic idioms. The use of Islamic idioms serves multiple purposes: it empowers the identity of Muslims by connecting it to its historical roots; it assures the non-Muslim society that Islam has internal dynamics that fit their framework of reference and that Islamophobic claims are not warranted; it provides verification that the discourse participants are legally qualified and authorized to examine the issue; it renders their discourse authoritative enough for the satisfaction of diverse groups; and it constructs normative claims that can serve as principles for future debates.¹³ These various elements have been evident in the discourse of minorities. One may venture to argue that were it not for this internal discourse, Muslim integration into Western societies would not be complete.

At the same time that the debate on the Islamicity of the presence of Muslim minorities in non-Muslim polities was on the rise among Muslim concerned bodies, western-based scholars contributed to the understanding of this phenomenon. Although many of their writings focused mainly on the historical and social setting,¹⁴ others, though few, realized the significance of the emerging religious discourse. Koningsveld stressed the significance of fatwas in the formulation of a European Muslim identity.¹⁵ Rohe discusses the possibilities and opportunities of accommodation between Muslims, Islamic law and European laws through legal arrangements and religious non-binding verdicts (fatwa).¹⁶ More recently, young western researchers observed the rise of the minority fiqh debates and extensively investigated the growing discourse. Informed by liberal political theory, March illustrates the presence of moral obligation in Islamic law and the possibility of overlapping consen­sus between liberal principles of citizenship and fiqh al-aqalliyydt.¹⁷ Hellyer underlines the parameters of a social setting to build a European identity for Muslim citizens.¹⁸ Alexandre Caeiro focuses on the process offatwa-production in the west and the case of the European Council for Fatwa and Research.¹⁹ Hassan recognizes three different approaches (literalist, conservative and renewal) to religious questions of Muslim minorities, each of which would result in different, sometimes competing, world views of the law of Islamic law for Muslim minorities.²⁰

Even with the growth of literature on fiqh al-aqalliyyat on both sides (the internal Muslim legal production and the observing academic investigation), it cannot be argued that the sub­ject offiqh al-aqalliyyat has taken its final shape. On the Muslim side, jurists and discourse par­ticipants argue for the need of transforming the fiqh al-aqalliyyat discourse to fiqh al-muwatana andfiqh al-taayush (fiqh of citizenship andfiqh of co-existence). Attempts are still being made to provide a comprehensive legal theoretical frame for a transformation in Islamic legal think­ing that cope with the challenges facing 21st-century Muslims. Also studies are being con­ducted to see if the space created by fiqh al-aqalliyyat may be further utilized for re-thinking the role of maqasid, i.e. the objectives of Shari 'ah²¹ in current debates. On the other side, academics and researchers still investigate the impact that this discourse might have on the ongoing changes in the Muslim mind and space. Eyadat, for example, explores to what extent a discourse onfiqh al-aqalliyyat may have an impact on the political scene of the Arab Spring.²²

Notes

1 To review the legal historical debate on Muslims in minority situations, see Khaled Abou El Fadl, ‘Islamic Law and Muslim Minorities: The Juristic Discourse on Muslim Minorities from the Second/Eighth to the Eleventh/Seventeenth Centuries’, Journal of Islamic Law and Society 1(2) (1994): 143-53.

2 Jocelyne Cesari, When Islam and Democracy Meet: Muslims in Europe and in the United States (Basingstoke and New York: Palgrave Macmillan, 2004), 21; Mu'taz al-Khatib, ‘Min al-Ightirab ila Afaq al-Musharaka, al-Muslimun fi al-Gharb’, Al-Manar al-Jadid 15 (Cairo: Dar al-Manar al-Jadid in co-operation with Islamic Assembly of North America, 2001), 49.

3 Dr Sayyid M. Darsh is an Azhar graduate who was the imam at the Regents Park Mosque in London for many years. He was also the chairman of the UK Shari'ah Council.

4 See, for example, Khalid Muhammad 'Abd al-Qadir, Fiqh al-Aqalliyyat al-Muslima (Lebanon: Dar al- Iman, 1997); Khalil al-Moumni, Al-Fatawa al-Badriyya: Majmu"ah min al-Asila fi Mawadi' Mukhtalifa wa-Mutanawwi 'a fi al-'Ibadat wa-l-Mu'amalat wa-l-Akhlaq wa Shu’un al-Usra waradat 'ala Masjid Badr bi-Wajda wa-Masjid al-Nasr bi-Rotterdam- Hulanda (Casablanca: Dar al-Rashad al-Hadithiyya, 1998); 'Abd al-Wadud Shalabi, Ijabat Hasima ila al-Ukht al-Firnsiyya al-Muslima, 2nd edn (Cairo: Mu’assasat Al-Khalij al-'Arabi, 1989); Muhammad Rassoul, Der Deutsche Mufti (Cologne: Islamische Bibil- iotheck, 1997); Tabataba’i al-Hakim, Risala Abawiyya wa-masail fiqhiyya tahammu al-Mughtaribin (Parental Advice and Jurisprudence Questions of Significance to the Expatriates), prepared and introduced by Mu hammad Jawwad al-Tahiri (Beirut: Mu'assasat al-Murshid, 1994).

5 Yusuf al-Qaradawi, Fi Fiqh al-Aqalliyyat al-Muslima, Hayat al-Muslimin Wasat al-Mujtama'at al-Ukhra (Cairo: Dar al-Shuruq, 2001).

6 Ibid., 30ff.

7 Taha Jabir 'Alawani, Fi Fiqh al-Aqalliyyat al-Muslima, Series of Islamic Enlightenment 52 (Cairo: Nahdat Misr, 2000), 5-6; Taha Jabir 'Alawani, Towards a Fiqh for Minorities, Some Basic Reflections (Herndon, VA: International Institute of Islamic Thought, 2003).

8 'Alawani, Fi Fiqh, 11-12.

9 'Abd al-Majid al-Najjar, a Tunisian, has been associated with Zaytuna University since 1975. He is known for his support of the Islamic Movement of Tunisia. He has various publications on the question of Islamic Renewal. He now lives in France. He was a prominent figure in the formation of the ECFR and a member of the editorial committee of ECFR Review.

10 See 'Abd al-Majid al-Najjar, ‘Nahwa Manha Usuli li-Fiqh al-Aqalliyyat’, Scientific Review of the European Council for Fatwa and Research 3 (n.d.): 43-65. See also: Al-Najjar, ‘Ma’lat al-Af'al wa- Atharuha fi Fiqh al-Aqalliyyat’, Scientific Review of the European Council for Fatwa and Research 4 (n.d.): 149ff

11 Salah Sultan is an Egyptian scholar who used to live in the United States. He was a faculty member of Cairo University, Egypt, and a founding member of the Islamic American University. He is a member of ECFR and Fiqh Council of North America.

12 Salah Sultan, ‘Al-Dawabit al-Manhajiyya li-Fiqh al-Aqalliyyat’, Scientific Review of the European Council for Fatwa and Research (available online: http://www.e-cfr.org/ar/bo/18.doc).

13 Kathleen Moore, The Unfamiliar Abode: Islamic Law in the United States and Britain (Oxford: Oxford University Press, 2011), 4-ff.

14 Yvonne Yazbeck Haddad, Jane I. Smith and John L. Esposito, Religion and Immigration: Christian, Jewish and Muslim Experience in the United States (Walnut Creek, CA: Rowman Altamira, 2003); Yvonne Yazbeck Haddad, Muslims in the West: From Sojourners to Citizens (New York: Oxford University Press, 2002).

15 P. S. van Koningsveld, ‘The Significance of Fatwas for Muslims in Europe: Some Suggestions for Future Research', Nederlandsch Theologisch Tijdschrift 60(3) (2006): 208—21.

16 Mathias Rohe, Muslim Minorities and the Law in Europe: Chances and Challenges (New Delhi: Global Media Publications, 2007).

17 Andrew F. March, ‘Sources of Moral Obligation to non-Muslims in the “Jurisprudence of Muslim Minorities” (Fiqh al-Aqalliyyat) Discourse', Islamic Law and Society 16 (2009): 34—94; see also Andrew F. March, ‘Liberal Citizenship and the Search for an Overlapping Consensus: The Case of Muslim Minorities', Philosophy and Public Affairs 34(4) (2006): 373—421.

18 H. A. Hellyer, Muslims of Europe: The ‘Other’ Europeans (Edinburgh: Edinburgh University Press, 2009).

19 See, for example, Alexandre Caeiro, ‘The Social Construction of SharPah: Bank Interest, Home Purchase and Islamic Norms in the West', Die Welt des Islams 44(3) (2004): 351—75; Alexandre Caeiro, ‘The Making of the Fatwa: The Production of Islamic Expertise in Europe', Archives de sci­ences sociales des religions 155 (October): 81—100; Alexandre Caeiro, ‘The Power of European Fatwas: The Minority Fiqh Project and the Making of an Islamic Counter-public', International Journal of Middle East Studies 42(3): 435-49.

20 Said Fares Hassan, Fiqh of Minorities, History, Development and Progress (New York: Palgrave Macmillan, 2013).

21 Tauseef Ahmad Parray, ‘The Legal Methodology of Fiqh al-Aqalliyyat and its Critics: An Analyt­ical Study', Journal of Muslim Minority Affairs 32(1) (March 2012): 88-107; Zainab Alwani, Maqafld Qur’dniyya: A Methodology on Evaluating Modern Challenges and Fiqh al-Aqalliyyat, The Muslim World 104(4) (October 2014): 465-87.

22 Zaid M. Eyadat, ‘Fiqh al-Aqalliyyat and the Arab Spring: Modern Islamic Theorizing', Philosophy and Social Criticism 39(8) (2013): 733-53.

Selected bibliography and further reading

‘Abd al-Qadir, Khalid Muhammad. Fiqh al-Aqalliyyat al-Muslima (Beirut: Dar al-Iman, 1997).

Abou El Fadl, Khaled. ‘Striking a Balance: Islamic Legal Discourse on Muslim Minorities'. In Muslims on the Americanization Path, ed. Yvonne Yazbeck Haddad and John Esposito (Oxford: Oxford Uni­versity Press, 2000), 47-64.

Abou El Fadl, Khaled. ‘Islamic Law and Muslim Minorities: The Juristic Discourse on Muslim Minorities from the Second/Eighth to the Eleventh/Seventeenth Centuries'. Journal of Islamic Law and Society 1(2) (1994): 141-86.

Abou El Fadl, Khaled. ‘Legal Debates on Muslim Minorities: Between Rejection and Accommoda­tion'. Journal of Religious Ethics 22(1) (Spring 1994): 127-62.

‘Alwani, Taha Jabir al-. Towards a Fiqh for Minorities: Some Basic Reflections. Islamic Methodology Series 17 (Herndon, VA: International Institute for Islamic Thought; Damascus: Dar al-Fikr, 2003).

Alwani, Zainab. ‘Maqdsid Qurdniyya: A Methodology on Evaluating Modern Challenges and fiqh al-Aqalliyyad t'. The Muslim World 104(4) (October 2014): 465-87.

Caeiro, Alexandre. ‘The Social Construction of Shari'ah: Bank Interest, Home Purchase and Islamic Norms in the West'. Die Welt des Islams 44(3) (2004): 351-75.

Cesari, Jocelyne. When Islam and Democracy Meet, Muslims in Europe and in the United States (Basingstoke and New York: Palgrave Macmillan, 2004).

Dawish, Ahmad b. ‘Abd al-Razzaq al-, ed. Fatawa al-Lajna al-Da' ima li-l-Buhuth al-'Ilmiyya wa-l-Ifta’ (Riyadh: Dar al-Asima, 1998).

Delorenzo, Yusuf Talal. ‘The Fiqh Councilor in North America'. In Muslims on the Americanization Path, ed. Yvonne Yazbeck Haddad and John Esposito (Oxford: Oxford University Press, 2000), 65-86.

European Council for Fatwa and Research. Qararat wa-Fatawa al-Majlis al- ’Urubi li-l-Ifta’ wa-l-Buhuth (Cairo: Dar al-Tawzi‘ wa-l-Nashr al-Islamiyya, 2002).

Eyadat, Zaid M. ‘Fiqh al-Aqalliyyat and the Arab Spring: Modern Islamic Theorizing'. Philosophy and Social Criticism 39(8) (2013): 733-53.

Gräf, Bettina and Jakob Skovgaard-Petersen (eds). Global Mufti: The Phenomenon of Yusuf al-Qaradawi (New York: Columbia University Press, 2009).

Hassan, Said Fares. Fiqh of Minorities: History, Development and Progress (New York: Palgrave Macmillan, 2013).

Hellyer, H. A. Muslims of Europe: The‘Other’ Europeans (Edinburgh: Edinburgh University Press, 2009).

Ibn Bayya, 'Abdullah. Sinaat al-Fatwa wa-Fiqh al-Aqalliyyat (Jeddah, Saudi Arabia: Dar al-Minhaj li-l- Nashr wa-l-Tawzi', 2007).

Juday', 'Abdullah b. Yusuf al-. Taqsim al-Mamura fi al-Fiqh al-Islami wa-Atharuhfi al-Waqi' (Dublin: European Council for Fatwa and Research, 2007).

March, Andrew F. ‘Liberal Citizenship and the Search for an Overlapping Consensus: The Case of Muslim Minorities'. Philosophy and Public Affairs 34(4) (2006): 373-421.

March, Andrew F. ‘Sources of Moral Obligation to non-Muslims in the ‘Jurisprudence of Muslim Minorities' (Fiqh al-Aqalliyyat) Discourse'. Islamic Law and Society 16 (2009): 34-94.

Masud, Muhammad Khalid. ‘Islamic Law and Muslim Minorities'. ISIM Newsletter 11 (December, 2002): 17.

Moore, Kathleen. The Unfamiliar Abode: Islamic Law in the United States and Britain (Oxford: Oxford University Press, 2010).

Parray, Tauseef Ahmad. ‘The Legal Methodology of Fiqh al-Aqalliyyat and its Critics: An Analytical Study'. Journal of Muslim Minority Affairs 32(1) (March 2012): 88-107.

Qaradawi, Yusuf al-. Fi Fiqh al-Aqalliyyat al-Muslima (Cairo: Dar al-Shuruq. 2001).

Rohe, Mathias. Muslim Minorities and the Law in Europe: Chances and Challenges (India: Global Publica­tion, 2007).

Rohe, Mathias. ‘The Formation of a European Shari'ah'. In Muslims in Europe: From the Margin to the Center, ed. Jamal Malik (Munster: LIT Verlag, 2004), 161-184.

Sawi, Salah al-. Mawsuat Fatawa al-Mughtaribin (Cairo: Al-Faruq al-Haditha li-l-Tiba'a wa-l-Nashr, 2009).

Shawarbi, Muhammad Yusuf al-. Al-Islam fi Amrika (Cairo: Lajnat al-Bayan Al-'Arabi, 1960).

Sultan, Salah. Al-Dawabit al-Manhajiyya li-l-Ijtihadfi Fiqh al-Aqalliyyat al-Muslima (n.p., 2007).

Sultan, Salah. Al-Muwatana bayna al-Tasil al-Shari wa-Taaddud al-Walaat al-Diniyya wa-l-Taiffiyya wa- l-Irqiyya (n.p., n.d.).