Table Of ContentPalgrave Series in Islamic Theology, Law, and History
This groundbreaking series, edited by one of the most influential scholars of Islamic
law, presents a cumulative and progressive set of original studies that substantially
raise the bar for rigorous scholarship in the field of Islamic Studies. By relying on
original sources and challenging common scholarly stereotypes and inherited wis-
doms, the volumes of the series attest to the exacting and demanding methodologi-
cal and pedagogical standards necessary for contemporary studies of Islam. These
volumes are chosen not only for their disciplined methodology, exhaustive research,
or academic authoritativeness, but also for their ability to make critical interven-
tions in the process of understanding the world of Islam as it was, is, and is likely
to become. They make central and even pivotal contributions to understanding the
experience of the lived and living Islam, and the ways that this rich and creative
Islamic tradition has been created and uncreated, or constructed, deconstructed,
and reconstructed. In short, the volumes of this series are chosen for their great
relevance to the many realities that shaped the ways that Muslims understand, rep-
resent, and practice their religion, and ultimately, to understanding the worlds that
Muslims helped to shape, and in turn, the worlds that helped shaped Muslims.
Series Editor
Khaled Abou El Fadl is the Omar and Azmeralda Alfi Distinguished Professor in
Islamic Law at the UCLA School of Law, and chair of the Islamic Studies Program at
UCLA. Dr. Abou El Fadl received the University of Oslo Human Rights Award, the
Leo and Lisl Eitinger Prize in 2007, and was named a Carnegie Scholar in Islamic
Law in 2005. He is one of the world’s leading authorities on Islamic Law and Islam,
and a prominent scholar in the field of human rights.
Titles
Custom in Islamic Law and Legal Theory: The Development of the Concepts of
`Urf and `Adah in the Islamic Legal Tradition
Ayman Shabana
The Islamic Law of War: Justifications and Regulations
Ahmed Al-Dawoody
Shi’i Jurisprudence and Constitution: Revolution in Iran
Amirhassan Boozari
Constructing a Religiously Ideal “Believer” and “Woman” in Islam: Neo-Traditional
Salafi and Progressive Muslims’ Methods of Interpretation
Adis Duderija
Fatigue of the Shari’a
Ahmad Atif Ahmad
Law and Tradition in Classical Islamic Thought: Studies in Honor of Professor
Hossein Modarressi
E dited by Michael Cook, Najam Haider, Intisar Rabb, and Asma Sayeed
Fiqh al-Aqalliyy ā t: History, Development, and Progress
Said Fares Hassan
FIQH AL-AQALLIYY Ā T
History, Development, and Progress
SAID FARES HASSAN
FIQH AL-AQALLIYYĀT
Copyright © Said Fares Hassan, 2013.
Softcover reprint of the hardcover 1st edition 2013 978-1-137-34669-8
All rights reserved.
First published in 2013 by
PALGRAVE MACMILLAN®
in the United States— a division of St. Martin’s Press LLC,
175 Fifth Avenue, New York, NY 10010.
Where this book is distributed in the UK, Europe and the rest of the world,
this is by Palgrave Macmillan, a division of Macmillan Publishers Limited,
registered in England, company number 785998, of Houndmills,
Basingstoke, Hampshire RG21 6XS.
Palgrave Macmillan is the global academic imprint of the above companies
and has companies and representatives throughout the world.
Palgrave® and Macmillan® are registered trademarks in the United States,
the United Kingdom, Europe and other countries.
ISBN 978-1-349-46710-5 ISBN 978-1-137-35009-1 (eBook)
DOI 10.1057/9781137350091
Library of Congress Cataloging-in-Publication Data
Hassan, Said Fares.
Fiqh al-aqalliyyat : history, development, and progress / Said Fares
Hassan.
pages cm
1. Islamic law—Non-Muslim countries. 2. Muslims—Non-Muslim
countries. I. Title.
KBP69.5.H37 2013
340.5(cid:2)9—dc23 2013011129
A catalogue record of the book is available from the British Library.
Design by Newgen Knowledge Works (P) Ltd., Chennai, India.
First edition: September 2013
10 9 8 7 6 5 4 3 2 1
For Nora, Omar,
Ali, and Meriem
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Contents
Acknowledgments ix
Series Editor’s Preface xi
Notes on the Transliteration of Arabic Words xv
Introduction 1
1 Between Text and Context: The Impact of Textual
Literalism and Puritan Ideology on the Life of
Muslim Minorities 19
2 Voice of Tradition: Muslim Minorities and Application
of Islamic Law 37
3 Y ū suf al-Qara(cid:2) ā w ī : An Ideologue for Muslim Minorities 57
4 (cid:3) aha J ā bir al-ʿ Alw ā n ī : Fiqh al-Aqalliyy ā t , a Model of
Islamization of Knowledge 87
5 Fiqh al-Aqalliyy ā t : A Debate on World Division,
Citizenship, and Loyalty 121
Conclusion 153
Notes 163
Bibliography 197
Index 209
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Acknowledgments
This work would not have seen the light of day but for the encouragement
and support of many people. Prof. Khaled Abou El Fadl comes at the top
of the list. He not only gave me insights and advice as an expert in the field,
but also stimulated my spirit and challeged my thinking with his critical
questions and remarks until the work took the present shape. I would like
to express my gratitude to Prof. M. Abu Laylah, Prof. P. S. van Koningsveld,
and Prof. Khaled Masud who guided me with their wisdom,expertise, and
resources, and lent me unwavering support and trust throughout the differ-
ent stages of my scholarship.
T he love and support that one receives from one’s family is likely to be
taken for granted, but it is also the most critical of all. I must express my
heartfelt gratitude to my father who was the first to take my hands through
the bookshelves to teach me the value of learning. My gratitude goes to my
kids, Omar, Ali, and Meriem, for their patience, love, and smiles that were
always there to alleviate the burden of the day. Words are not enough to
convey my gratitude to my “better half,” Nora, for her unwavering love,
unconditional support, and confidence in me. THANK YOU.
