Fiqh of Minorities

SaɈ alShaykh Mu ammad SaɈīd Rama ān al-Bū ī 1
Translated by Mahdi Lock
Released by www.marifah.net 1429 H

Minorities’ It is not a coincidence that the call to ‘Fiqh of Minorities’ has come together with the plan at Islā plan aimed at dividing Islām. In an age in which the leaders of the ideological attack are planning, throughout the world, to divide the single global Islām into various local “Islāms”, that differ and are in conflict with one another, [this ideological attack] follows in succession the voices calling to “Fiqh of Minorities” and these [two ideas] grant legitimacy to one another. In clarification of the matter, [Fiqh of Minorities] is nothing other than an Islamic garb that is appropriate for the Islām that is thriving today in the west, in Europe and America, not the other Islām that is prevalent in the traditional Muslim lands. I have inquired before: ‘What are the reasons or foundations that make it necessary to give rise to this “Fiqh of Minorities”?’ The reply was: ‘There are many: the principle of benefits…necessities permit that which is forbidden…difficulty brings about ease…nothing has been made difficult for you in this religion.2 I said: ‘But these reasons are not specific to Muslims living in Europe or America, rather they are reasons for a global Islāmic fiqh that does not have a particular land. There has not been a day when there have not been reasons for what is called “Fiqh of Minorities” or anything else. Wherever you find a necessity, in its known legal meaning, the causative prohibition for it is lifted. And wherever you find a difficulty that goes beyond the usual limit, a legal dispensation is undertaken to lift it. And whenever the two benefits [the lifting of the causative prohibition and the legal dispensation] are opposed in the hierarchy of the objectives of Sacred Law, the first of them takes precedence. We have not found in the Qur’an or the Sunnah, and not in the speech of any of the imams of Sacred Law, that these reasons are particular to the circumstances of minorities that are living in Dār al-Kufr3, and that it is not

www.nottsnewmuslims.com Al-Hajj 22:78 3 According to Imām ibn Mufli al- anbalī in Al-Adab al-SharɈiyyah [v.1 pp.191-92], Dār al-Kufr are the lands in which the laws of kufr are predominant, while Dār al-Islām are the lands in which the laws of Islām are predominant.
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from Dār al-Kufr (if it is not possible for a Muslim to apply the rulings of Islām in it) to Dār al-Islām? Why didn’t the Messenger of Allāh and his Companions.” The angels replied: “Was not Allāh’s earth spacious for you to it?” indeed. know that we are threatened with the opposite of what we were rejoicing about. 4 Al-Nisā’ 4:97 2 . with their adherence to Islām and upholding of its rulings. I was told: ‘Indeed the necessities that create the urgent need for a special fiqh for these minorities are a result of their presence in societies that are not Islāmic. to take them or use them as a basis.’ I said: ‘What Islām is this that decrees that the mere presence of a Muslim in Dār alKufr is considered a necessity justifying the legislation of a special Islāmic fiqh for him. When you?” they asked them: “What was the matter with you?” They answered: “We were land. when they were in the midst of the polytheists in Mecca.” Allāh’ oppressed in the land. justifying the creation of a new fiqh that is appropriate to those lands and those in them. said regarding them: ‘When the angels seized the souls of those who were doing wrong to their own souls. dissolving in the stream of the Islāmic civilization. causing the dissolution of the deviating Western civilization. and have particularities that are distinct from Islāmic societies. then who are those who Allāh. But we today. in harmony with what surrounds him from the tendencies of kufr.permissible for other Muslims. and this fiqh is responsible. living in the Islāmic world. iniquity. Exalted is He. and disobedience? So why did Allāh legislate emigration ( ijra) and command it. in the shadow of this beautiful call to what is known as “Fiqh of Minorities”.’ emigrate in it?” Hell is the abode of such people and it is a very evil abode indeed 4 And we were rejoicing because of the gradual increase of Muslims in the west. We are threatened with the dissolution of the Islāmic presence in the stream of the deviating Western civilization. called “Fiqh of Minorities”? If the mere presence of Muslims in Dār al-Kufr brings about the necessity. depend on that which he did not know.