Sources of moral obligation to non-muslims in the fiqh al-aqalliyyat (jurisprudence of muslim minorities) discourse
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)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
A Path to the Oasis: Sharī'ah and Reason in Islamic Moral Epistemology. [REVIEW]Edward Omar Moad - 2007 - International Journal for Philosophy of Religion 62 (3):135 - 148.
Milk Banks Through the Lens of Muslim Scholars: One Text in Two Contexts.Mohammed Ghaly - 2012 - Bioethics 26 (3):117-127.
Religio-Ethical Discussions on Organ Donation Among Muslims in Europe: An Example of Transnational Islamic Bioethics. [REVIEW]Mohammed Ghaly - 2012 - Medicine, Health Care and Philosophy 15 (2):207-220.
Islamic Foundations for a Social Contract in Non-Muslim Liberal Democracies.Andrew F. March - unknown
Human Cloning Through the Eyes of Muslim Scholars: The New Phenomenon of the Islamic International Religioscientific Institutions.Mohammed Ghaly - 2010 - Zygon 45 (1):7-35.
Legal Debates on Muslim Minorities: Between Rejection and Accommodation.Khaled Abou El Fadl - 1994 - Journal of Religious Ethics 22 (1):127 - 162.
Islamic Ethical Views in Vitro Fertilization and Human Reproductive Cloning.Leena Al-Qasem - unknown
Added to index2009-01-28
Total downloads16 ( #296,158 of 2,163,682 )
Recent downloads (6 months)1 ( #348,043 of 2,163,682 )
How can I increase my downloads?