Sources of moral obligation to non-muslims in the fiqh al-aqalliyyat (jurisprudence of muslim minorities) discourse
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This article surveys four approaches to moral obligation to non-Muslims found in Islamic legal thought. The first three approaches I refer to in this article as the "revelatory-deontological," the "contractualist-constructivist" and the "consequentialist-utilitarian." The main argument of this article is that present in many of the contemporary works on the "jurisprudence of Muslim minorities" (fiqh al-aqalliyyat) 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 in that it 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, not only what they may pursue without fear of punishment. This meta-ethical approach builds on and goes beyond the first three. The force of this argument is that this fourth "comprehensive-qualitative" approach to moral obligation to non-Muslims is novel, emergent and not found not in the writings of outright reformers but in those of conservative, "neo-classical," shari'a-minded - even Muslim Brotherhood-affiliated - Islamic scholars. What also 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 Islamic 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.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Edward Omar Moad (2007). A Path to the Oasis: Sharī'ah and Reason in Islamic Moral Epistemology. [REVIEW] International Journal for Philosophy of Religion 62 (3):135 - 148.
J. Mark Halstead (1997). Muslims and Sex Education. Journal of Moral Education 26 (3):317-330.
Mohammed Ghaly (2012). Milk Banks Through the Lens of Muslim Scholars: One Text in Two Contexts. Bioethics 26 (3):117-127.
Mohammed Ghaly (2012). Religio-Ethical Discussions on Organ Donation Among Muslims in Europe: An Example of Transnational Islamic Bioethics. [REVIEW] Medicine, Health Care and Philosophy 15 (2):207-220.
Mohammed Ghaly (2010). Human Cloning Through the Eyes of Muslim Scholars: The New Phenomenon of the Islamic International Religioscientific Institutions. Zygon 45 (1):7-35.
Khaled Abou El Fadl (1994). Legal Debates on Muslim Minorities: Between Rejection and Accommodation. Journal of Religious Ethics 22 (1):127 - 162.
Added to index2009-01-28
Total downloads14 ( #115,725 of 1,102,738 )
Recent downloads (6 months)0
How can I increase my downloads?