The jurisprudential aspects of citizenship (known as fiqh al-muwāṭanah), emerging from the realm of ijtihād, have sparked considerable debate due to their theoretical nature. The term "citizenship fiqh" is not explicitly mentioned in the Quran or Sunna; consequently, it lacks demonstration within the context of the Prophetic era. This study aims to delve into citizenship fiqh by examining the discourse known as al-maskūt' anhu, shedding light on how Muslim scholars validated novel findings. To achieve this objective, the paper employs Foucault's critical discourse analysis theory to showcase that each era holds the prerogative to embrace distinct political systems and legal frameworks. Adopting a qualitative approach and drawing from various literary sources, this research proposes embracing the al-maskūt 'anhu discourse as the fundamental concept underpinning studies on citizenship within Islamic legal thought. This investigation discerns that citizenship fiqh embodies a blend of political and religious engagement. It can be effectively harnessed as a mechanism of legal governance during the nation-state era, provided it effectively contributes to the populace's well-being and fosters social equity.

Link: https://journal.uinjkt.ac.id/index.php/ahkam/article/view/28139

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