The Contemporary International Legal Framework and Islamic Jurisprudence of Minorities (Fiqh al-Aqalliyyat): A Comparative and Analytical Study of Migrant Women's Rights

Abstract

This study provides a comparative and analytical examination of migrant women's rights by navigating the intersection between the contemporary international legal framework and Islamic jurisprudence of minorities (Fiqh al-Aqalliyyat). Migrant women frequently face layered vulnerabilities, including gender-based discrimination, economic exploitation, and cultural displacement, which require robust legal protections. International human rights instruments, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), offer a globalized secular framework to safeguard these rights. Concurrently, Fiqh al-Aqalliyyat serves as an evolving Islamic legal paradigm designed to assist Muslim minorities living in non-Muslim majority states, balances religious preservation with civic integration. By analyzing both legal traditions, this paper explores how classical Islamic jurisprudence adapts to modern human rights standards regarding female migration, employment, and familial security. The research identifies significant points of convergence, where both frameworks champion human dignity and protection from harm (Dharar), alongside areas of structural tension concerning personal status laws. Ultimately, the study argues that harmonizing international legal protections with context-sensitive Islamic jurisprudence can create a more inclusive, culturally resonant safety net, ensuring that migrant women can successfully preserve their religious identity while fully exercising their fundamental human rights.

Keywords: Migrant Women's Rights: Fiqh al-Aqalliyyat, International Law, CEDAW, Comparative Legal Analysis