Regulations of Fatwa in the Jurisprudence of Muslim Minorities: A Foundational Study 10.35781/1637-000-156-003

Abstract

Abstract
Abstract This research addresses the issue of fatwa issuance within the jurisprudence of Muslim minorities, as one of the contemporary juristic topics that arise from Muslims living in non-Islamic societies. Such contexts generate a number of legal challenges due to differences in legal, social, and cultural environments. The study aims to establish the theoretical foundations of fatwa in the jurisprudence of Muslim minorities, to identify the most prominent challenges facing fatwa in this context, and to clarify the Sharīʿah-based controls governing facilitation (taysīr), along with its proper limits that prevent excess or negligence in applying Islamic rulings. The research adopts the inductive method by examining relevant legal texts, juristic principles, and fatwas related to Muslim minorities. It also employs the analytical method to study the controls and applications of facilitation, in addition to the comparative method through presenting selected examples from contemporary fatwas issued by Islamic juristic councils concerning Muslim minority issues. The study concludes with several findings, most notably that the jurisprudence of Muslim minorities represents an extension of Islamic juristic reasoning, rather than a departure from the established foundations of Sharīʿah. It further demonstrates that facilitation in this field is a disciplined and regulated form of facilitation, grounded in adherence to textual evidence, legal objectives, and an accurate understanding of reality, rather than the pursuit of concessions or the suspension of established rulings. The research also shows that the challenges facing Muslim minorities extend beyond matters of lawful and unlawful conduct to include issues of identity, integration, and civic participation, which underscores the importance of collective ijtihād and the role of juristic councils in regulating fatwa in this field. Keywords: Fatwa, Jurisprudence of Muslim Minorities, Facilitation (Taysīr), Sharīʿah Controls, Juristic Challenges.