Hebron University Journal - Hebron University Journal for Research - Volume 12, Issue 2, 2017 - The Fundamentalistic Evidences of Fiqh of Minorities (Fiqh Al-Oaqalliyyat) Istihsan (Preference) as an Example

Hebron University Research Journal


This research treats, on the one hand, the fundamentalistic framework of Fiqh the minorities, and it investigates, on the other hand, one of the most rational proofs which is Approbation ‘Estihssan’ as one of the prestigious readings of Fiqh the minorities. The latter are mostly known for their privacy and exception, in addition to the feature of licensing and lifting the embarrassment. Therefore, the article highlights the efficiency of referring to Approbation as a ‘Fatwa’ tool to discuss and treat the reality of the Muslim minorities away from arbitrariness and fancy. In the respect, I referred to the descriptive framework that is based mainly on analysis along with backing to the deductive and rational methods. The research exposes, in this context, the set of fundamentalists of Fiqh the minorities and handles the value of Approbation through studying the origin of its argument, its usage, the conditions of its consideration, and the organizational frame for its practice. All in all, according to this study Approbation is regarded as one of the most valuable proofs of Fiqh the minorities that meets the normative requirements within an organizational framework based on axes of integration, objectivity, legitimacy, and methodology. The prominence of Approbation as an evidence is manifested firstly on its enrichment of the research on Fiqh the minorities, secondly, on its modest dealing with their realities, and thirdly on ensuring the continuity of God’s will to content his creatures.

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