The Oran Fatwa as an Emergency Fiqh Strategy: Addressing the 16th-Century Identity Crisis of Morisco Muslims

The Fatwa Oran, issued by Ahmad ibn Abi Jum'ah al-Maghrawi in the early 16th century, emerged as a religious response to the tragic circumstances faced by the Morisco Muslims in Spain following the fall of Granada. This fatwa provided a legal basis for Muslims forced to embrace Christianity to preserve their faith internally while outwardly conforming to Catholicism. This study aims to examine the content and context of the Fatwa Oran, situating it within the broader discourse of Islamic jurisprudence concerning minority rights (fiqh al-aqalliyyat) and religious survival under extreme coercion. Employing a qualitative historical-normative approach, this research analyzes the fatwa through the lens of Islamic legal principles, particularly those relating to emergencies and coercion, such as al-ḍarūrāt tubīḥ al-maḥẓūrāt and ikrah. The findings reveal that the fatwa represents not only a contextual ijtihad in a state of emergency but also a spiritual survival strategy, reflecting a profound effort to maintain Muslim identity under systemic pressure to convert. This fatwa exemplifies the flexibility of Islamic jurisprudence in adapting to oppressive political realities. This research contributes to a deeper understanding of the historical flexibility of Islamic legal thought and its application to minority contexts, particularly under religious persecution. The study highlights the role of scholars in navigating the intersection of law, faith, and politics in extreme circumstances, offering valuable insights into contemporary issues of religious freedom and minority rights.