Sources of Moral Obligation to non-Muslims in the "Jurisprudence of Muslim Minorities" (Fiqh al-aqalliyyāt) Discourse

in Islamic Law and Society
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

This article surveys four approaches towards moral obligation to non-Muslims found in Islamic legal thought. I refer to the first three approaches as the "revelatory-deontological," the "contractualist-constructivist" and the "consequentialist-utilitarian." The main argument is that present in many contemporary works on the "jurisprudence of Muslim minorities" (fiqh al-aqalliyyāt) is an attempt to provide an Islamic foundation for a relatively thick and rich relationship of moral obligation and solidarity with non-Muslims. This attempt takes the form of a fourth "comprehensive-qualitative" approach to political ethics that appeals not to juridical reasoning of the type "is x permissible and in which conditions?" but rather to Islamic ideals of what it means to live a good life, of what believing, normatively-committed Muslims want to pursue in this world. This meta-ethical approach builds on and goes beyond the first three. This fourth "comprehensive-qualitative" approach to moral obligation to non-Muslims is novel, emergent and not found in the writings of outright reformers but in those of conservative, "neo-classical," sharī'a-minded—even Muslim Brotherhood-affiliated—Muslim scholars. What adds to the force of this argument is that the other meta-ethical discourses, particularly of contract and utility (maslaha), already get these scholars quite far towards a doctrine of "loyal resident alienage" in non-Muslim societies. That even orthodox Muslim scholars go further shows that they have some interest in giving a theological or principled foundation to a much thicker and richer form of moral obligation to non-Muslims, a relationship which involves recognizing non-Muslims qua non-Muslims and contributing to their well-being.

Sections

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 12 12 6
Full Text Views 2 2 2
PDF Downloads 0 0 0
EPUB Downloads 0 0 0