Islamic Jurisprudence and Religious Minorities: A Critical Study of Classical Fiqh Positions and Contemporary Reinterpretations

Abstract

This study critically examines the treatment of religious minorities within Islamic jurisprudence by analyzing classical fiqh positions alongside contemporary reinterpretations. Drawing upon primary sources of Islamic law the Qurʾān and Sunnah as well as the legal reasoning of the major Sunni schools of jurisprudence, the research explores foundational concepts such as dhimmah, protection of life and property, religious freedom, and legal equality. The study highlights how classical jurists developed legal frameworks for minority communities within specific historical, political, and social contexts, aiming to ensure security, social order, and justice in pre-modern Muslim societies. At the same time, it interrogates the limitations of these frameworks when applied uncritically to modern nation-states characterized by constitutional citizenship, pluralism, and international human rights norms. The research further examines contemporary juristic approaches that seek to reinterpret classical rulings through the lens of maqāṣid al-sharīʿah, public interest (maṣlaḥah), and contextual ijtihād. By engaging with modern scholarship and legal thought, the study demonstrates how Islamic jurisprudence possesses inherent flexibility to accommodate evolving social realities while remaining faithful to its ethical foundations. The paper argues that a maqāṣid-oriented and justice-centered approach provides a more coherent and normative Islamic framework for ensuring the rights, dignity, and equal citizenship of religious minorities in contemporary Muslim societies. Through this critical and comparative analysis, the study contributes to ongoing academic debates on Islamic law, pluralism, and minority rights, offering constructive insights for both scholarly discourse and practical legal reform.