RECONCEPTUALIZING PEACE THROUGH FIQH AL-TA’AYUSH: LESSONS FROM ISLAMIC COSMOPOLITANISM FOR CONTEMPORARY POLITICAL AND MORAL UNCERTAINTY

Abstract

This paper explores Fiqh al-Taʿāyush (jurisprudence of coexistence) as an Islamic response to extremism and a framework for pluralistic governance. Rooted in Qur’anic principles of justice (ʿadl), compassion (raḥmah), reconciliation (ṣulḥ), and diversity (taʿāruf), Fiqh al-Taʿāyush offers a normative paradigm for peacebuilding and intercultural engagement. Using a qualitative approach, this study employs textual analysis of classical Islamic sources, contemporary scholarship, and historical case studies to examine how coexistence was institutionalized in Islamic governance through models such as the Medina Charter, the Ottoman Millet system, and the Kapitan Cina institution in Malacca. Malaysia is presented as a contemporary case study, demonstrating partial institutionalization of Fiqh al-Taʿāyush through policies of moderation (Wasatiyyah), interfaith dialogue, and constitutional guarantees, while also highlighting tensions with legal dualism and ethnic politics. Findings show that Fiqh al-Taʿāyush functions both as a normative Qur’anic imperative and a partially realized governance framework. Comparative analysis further situates Fiqh al-Taʿāyush alongside liberal multiculturalism, realism, and Just War Theory, underscoring its global relevance as an ethically grounded model of peace and diplomacy. The paper concludes that while its application remains uneven, systematic integration of Fiqh al-Taʿāyush into law, education, and policy could strengthen its role as a cosmopolitan paradigm for coexistence in an increasingly polarized world.