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Third, establishing the basis of the relation with the other amid the
cultural and international status quo in order to find a state of mutual
trust and acceptance, a matter which may not be confined to the case
of Muslim minorities due to the international situation.
Like other branches of fiqh, the fiqh of Muslim minorities refers to the
two sources of shari`ah; namely, the Qur'an and the Sunnah.
Personally I prefer the first kind and dare not adopt the second except
on the basis of ramifying from a previous scholarly opinion; because in
the first kind one chooses from among the opinions of the scholars to
achieve an interest that requires this choice or to keep away an evil
that may result from the application of the other abandoned opinion.
Thus, handling these three kinds of ijtihad should be in the light of the
three aspects that govern the process of fatwa; namely, the status quo
of the Muslim minorities, the universal evidence, and the particular
evidence.
Therefore, the Malikites have set what they called the intermediary
rule according to which when there is one issue that has two aspects,
two different rulings should be given due to the presence of two pieces
of evidence.
You will see these kinds of ijtihad through observing the situation of
Muslim minorities with regard to their marriages, financial
transactions, food and clothes habits, dealing with people, offering
congratulations in times of joy and condolences in times sadness,
participating in political parties, nominations, elections, etc.
As for the level of the minor Muslim community that dwells among
these societies, they are scattered, unregulated, and uncollected. The
challenges face also the creed in the sense of being a Muslim who
believes in Allah, His Angels, His Books, and His Messengers, whether
according to the methodology of the Ash`arites, the Salafites, the
Mu`tazilites or the like methods of interpretations that confuse
laypeople.
Perhaps the article of faith written by Muhammad ibn Abu Zayd al-
Qayrawaniy in the introduction of his treatise, which has reference in
the texts of the Qur'an and the Sunnah that are beyond controversy, is
the best thing Muslims should learn in the lands to which they
migrated owing to its simplicity and its being free from argumentation
and confusion.
In addition, it applies to the relation with the other and how to find
means of coexistence that keep the Muslim away from melting away in
the other culture and at the same time safeguard him against isolation
and seclusion to be an active member in the society following the suit
of Joseph the Prophet (peace and blessings be upon him) when he said
to Egypts king,
All this needs a juristic aptitude to balance between the evidence and
the status quo with piety that is free from hesitation and brevity that is
free from boldness.