Al-Istinbath: Jurnal Hukum Islam
Vol 11 No 1 (2026): In Press

Legal Adaptation for Muslim Minorities: A Reconstruction of Fiqh al-Aqalliyyat through the Methodological Frameworks of Abdullah bin Bayyah and Muhammad Yusri Ibrahim

Solikin, Nur (Unknown)
Syaiful Ahyar (Unknown)
Muhamad Zaenal Muttaqin (Unknown)
Mochamad Syaefudin (Unknown)
Hilmi Ridho (Unknown)



Article Info

Publish Date
10 Feb 2026

Abstract

This article examines the reconstruction of fiqh al-aqalliyyat as a framework for legal adaptation addressing the complex socio-legal challenges faced by Muslim minorities in non-Muslim majority societies. It focuses on the methodological frameworks developed by Abdullah bin Bayyah and Muhammad Yusri Ibrahim, two prominent contemporary scholars whose works have significantly shaped minority jurisprudence. Employing a comparative doctrinal and analytical approach, this study examines their primary writings sinaʿat al-Fatwa wa Fiqh al-Aqalliyyat and Fiqh al-Nawazil li al-Aqalliyyat al-Muslimah to identify the epistemological foundations, legal reasoning patterns, and normative objectives underlying their approaches. The findings demonstrate a clear methodological divergence: Ibn Bayyah emphasizes maqāṣid al-shariʿah, tahqiq al-manat, and contextual legal reasoning rooted in the Maliki tradition to enable adaptive and purpose-oriented rulings, while Yusri Ibrahim adopts a more textualist and precedent-based framework within the Hanbali school, prioritizing juristic continuity and doctrinal restraint. This article argues that fiqh al-aqalliyyat should be understood not merely as a collection of legal concessions (rukhaṣ), but as a systematic methodological paradigm that negotiates normative fidelity and contextual responsiveness. By reframing minority fiqh through the lens of legal adaptation, this study contributes to contemporary debates on Islamic legal methodology, minority rights, and the future development of Islamic jurisprudence in pluralistic societies.

Copyrights © 2026






Journal Info

Abbrev

alistinbath

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Al-Istinbath : Jurnal Hukum Islam, is an academic journal focuses on Islamic Law studies and aimed to accommodate and socialize innovative and creative ideas from researchers, academics, and practitioners who care in the field of Islamic Law. The focus of this journal is an effort to load scientific ...