Balancing orthodoxy and flexibility : substantive and accommodative approaches to women’s rights in Qaradawi's fiqh

Abstract

The initiation of the minority fiqh concept for Muslims in countries with a non-Muslim majority is like a coin with two sides. On one side, it is seen as a threat to the established schools with their structured and well-defined methodologies, as it is often suspected of involving talfīq—combining opinions from various schools by selecting the most lenient fatwas. On the other hand, this concept represents an intellectual innovation aimed at helping minority Muslims remain committed to the principles of sharia amid a reality that does not fully support their religious practices. This paper critically investigates whether Qaraḍāwī adheres to a consistent methodology he designed, specifically whether he remains faithful to the principles he espouses or deviates by selectively borrowing opinions across schools. Taking some of his fatwas contained in his book entitled Fī Fiqh al-Aqalliyyāt al-Muslimahas the main object, this study argues that Qaraḍāwī, although, does talfīq in his fatwa by borrowing opinions from several ulama or schools, he consistently adheres to the methodology he established. This approach offers a legal framework that is accommodative yet rich in pragmatic nuances, resulting from a consistent synthesis of various opinions. Furthermore, on a broader scale, this concept provides a framework that balances flexibility with orthodoxy.