أحكام إقامة المسلمين في الغرب: رؤية شرعية معاصرة

Abstract

This research addresses the topic of Islamic Presence in the West: A Contemporary Jurisprudential Perspective. It examines the Shar‘i framework governing the relationship between Muslims and non-Muslims, and highlights the impact of religious diversity in Western societies and its jurisprudential implications. The study further explores the classifications of non-Muslims and their influence on legal interactions, while clarifying the Shar‘i stance toward those who differ from Islam and the basis of the relationship with them. It also discusses the juristic division of non-Islamic territories and the position of Western societies within this framework, as well as the ruling on a Muslim’s residence in these societies in light of preserving Islamic identity and achieving legitimate interests. Moreover, the paper analyzes the legal stance of Muslims when exposed to harm in the West, emphasizing patience, adherence to the law, benefiting from available rights, and considering migration if practicing the faith becomes impossible.

 The research concludes by presenting the essential requirements for ijtihad regarding Islamic presence in the West, which are grounded in the objectives of the Sharia, a deep understanding of the Western context, applying the jurisprudence of priorities and interests, and adopting collective scholarly reasoning. Ultimately, the study finds that Islamic presence in the West represents both a civilizational and jurisprudential challenge that necessitates a balanced Shar‘i discourse combining the immutable principles of Islam with contemporary realities.