Marja‘iyya and the Juristic Challenges of the Diaspora

In recent times, there has been much discourse on the significance and function of the term jurisprudence of minorities (fiqh al-aqalliyya). The term, which is also called diasporic jurisprudence, refers to the issuance of juristic ordinances to accommodate the needs of Muslims residing in non-Muslim majorities, with special requirements that may not be appropriate for other communities. This paper argues that, due to the hierarchical nature of …