Thaha Jabir al-Alwani &Yusuf al-Qardlawi Founders of Minority Fiqh (FIQH AL AQALLIYAT)

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Thaha Jabir al-Alwani &Yusuf al-Qardlawi Founders of Minority Fiqh (FIQH AL AQALLIYAT)

 N. Gafoordeen, M.M.M.Sabir
Arabic and Islamic Civilization Unit, University of Colombo, Sri Lanka


IJRISS Call for paper

Received: 18 March 2023; Accepted: 12 April 2023; Published: 13 May 2023

Abstract: -Muslims today are faced with the challenge that the rules (laws) that have developed and been expressed in the Islamic religion on occasion would not fit with the present era. Indeed, there isn’t always a unifying theme in the sources of Islamic law. Nonetheless, there are instances when the laws are “inconsistent” with what they ought to be, and this makes them a source of law that we require in the present era. Extremism can occasionally arise as a result of the extreme disparity that exists. The long-winded legislation, according to one side, cannot be changed. We will occasionally live far away from Islam. These Muslims are, therefore, the ones who are impacted by this scenario. As a result, if the fact that they are a minority because of this circumstance, they urgently require a jurisprudence in order to live in harmony with the majority in their surroundings. So, while it does not contravene Islamic law, it also does not conflict with existing non-Muslim traditions or laws that are followed by the majority of people.

Keywords: Fiqh, Islam, Minority, Muslim

I. Thought of Fiqh al Aqalliyat

In 1935, a family from Iraq gave birth to Taha Jabir al Alwani who completed his doctoral studies in 1973 in usul fiqh, the best way to qualify as a mufti, and was studied at Al Azhar University in Cairo, Egypt. Usul fiqh is the Arabic word for the foundation of Islamic law. Al Alwani was employed as an instructor of Islamic Studies at the Iraqi Military Academy from 1963 to 1969, and he also taught Islamic Law at the al Imam Muhammad bin Sa’ud University in Riyadh, Saudi Arabia, from 1975 to 1985. Subsequently, he relocated to the United States from this center, where he engaged in a variety of academic pursuits. This exceptional change is what suggests al Alwani to be more open about his attitude towards thoughts or all things related to “Westernization”, which he poured into the American Muslim society to “be the best in the American community”. Moreover, he serves as the leader of the Organization of the Islamic Conference and is a member of the International Fiqh Council in Jeddah, which serves as a hub for Fiqh Councils worldwide (including the North American Fiqh Council) (Islamic Conference Organization).