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Islam21

International
Forum for
Islamic Dialogue
(IFID)
A Global Network for Muslim Intellectuals & Activists

www.Islam21.net

Double Issue Nos. 43-44 Jan-May 2007

Editorial:
Mailing address
Reclaiming History through Politics
BM Box 5856
London WCIN3XX
United Kingdom
Islam is God’s own text for eter- to God’s call. It is not the show-
Email:
inquiry@islam21.net nity. Man is the context for which ground for man’s uncontested do-
the eternal text was revealed. This minion over nature, nor a stage for
Editor:
S Parvez Manzoor is how we perceive our faith: tran- enacting man’s uncontrolled pas-
scendentally anchored in the com- sions. The Muslim’s stake in his-
Mission Statement: mand of a unique, all-wise, all- tory is for the realization of his
To establish a humane, merciful Being, but existentially moral commitment and it commis-
democratic, Islamic
thought by maintaining affirmed in the moral will of hu- sions a politics of humanity, be-
and developing a dy- manity. The dialectics of God’s yond the messianic violence of
namic dialogue.
Text and man’s context have al- Islamism and Empire.
ways been the source of much To reclaim our place in history
contemplation and action for us is to accept the ‘worldliness’ of
For, the sovereignty of God, un- words and things. It is to acknowl-
In this issue: contested and unproblematic in edge the ‘secularity’ of the histori-
the order of nature/creation, is not cal world, without falling prey to
Islamist Options 3
by a given for man: it can only be the dogmatic claims of
Abdelwahab Al-Effendi claimed and testified through an ‘secularism’. Secularism means all
Fundamentalism or the act of submission (islam). things to all men. For some, who
Second Great Fitna? 5 But for man’s primordial cove- take a humble view of it, it is
by
Mohamed Sharour nant, Adam’s acceptance of the merely a method of governance
custodianship of the earth, the based on the rejection of ecclesi-
IFID Activities 15
world of history, man’s world astical authority. Its main attraction
Promoting the Universal would be bereft of meaning and is that it is able to deal rationally
Charter of Islam 16
by purpose. It is through this cove- with the mundane affairs of a pol-
Najah Kadhim nant that man receives his privi- ity and is better equipped to cope
Islam, State and
leges and enjoys the mandate of with the problem of pluralism. Oth-
Morality 22 being God’s deputy on earth. It is ers, who are not immune to the
by
Asghar Ali Engineer
the basis for man’s mission to im- lures of meta-theory, regard it as
part morality to creation and to nothing less than a philosophy of
IFID Activities 27
make history in alignment with the history, a creed of atheism, or, in-
will of God. All the children of deed, an epistemology of human-
Adam, Muslims included, are thus ism. Only to its fundamentalist
obliged to have an uninterrupted fringe does secularism appear as
dialogue with history. the metaphysics of immanentism
History is humanity’s response that corresponds to the ultimate
www.Islam21.net
Page 2 Islam21
scheme of things! zen in time and forever under the sway of
Needless to say, not every expression of the jurist’s logic. She stands disfranchised
the secular, this-worldly, conscience and and has no means of expressing her po-
piety is antithetical or inimical to Islam We litical will save through the mediation of
cannot banish ourselves from the world the cleric!
merely because secularists have made it What is missing in this logic however is
their estate. Nor can the unsubstantiated the simple fact that even in the discourse
claims of ‘metaphysical secularism’ – a the- of the fiqh, the living community has
ory of everything that is – be our argument precedence over (closed) juristic texts.
for the denial of transcendence. On the And politics, conceived as the pursuit of
contrary, the misery of nihilism, secular- the Ummah’s collective interests in history,
ism’s ultimate gift to humanity that now requires a ’sovereign’ self-governing com-
wears an ‘Islamic’ mask, alerts us to the munity. Representative democracy is the
fact that the worldliness of the human situa- best, most viable, means of ensuring the
tion is indispensable for all morality. An legitimacy of Muslim public order. It alone
‘Islam’ which has no stake in history and provides the Ummah with a mandate to
which is indifferent to the fate of humanity chart its coarse in the troubled waters of
would be a contradiction in terms. history. Without the testimony of the politi-
Muslims today are committed to renew- cal will of the living community, ‘Islam’
ing their dialogue with history. Theirs is the would just be a corpus of texts with no
resolve to reclaim their rightful place within role in the historical world.
the fold of humanity. To court history, to be- It is with the insight that history is indis-
come an actor on its stage, however, re- pensable to Islamic commitment and mo-
quires a political vision and a will to match. rality that our contributors review the
We may be the most history-intoxicated quandary of ‘Islamist’ politics. Abdelwahab
civilization on earth, but it is history as the El- Affendi wonders whether Islamists are
remembrance of times past that is our pas- the last remaining obstacle to democrati-
sion, not history as the vision of a foresee- zation in the Arab world and offers some
able future and the method of getting there realistic scenarios for their future policies.
through collective action. History has cer- Mohamed Shahrour presents an intimate
tainly passed us by and unless we do historical analysis of the current impasse,
something about it, we too would belong to renounces all attempts to force Muslims
the have-beens of the world. turn their back on the modern world, and
Earlier, we thought, our rulers had let has some sobering thoughts on the future
history slip out of our hands. Our ire was of political order in Muslim societies. Na-
directed against them. Belatedly we are re- jah Kadhim makes a passionate plea for
alizing that our decline in history may have pursuing the universal moral charter of
been caused by our divines. At least, they Islam. A state-centred vision of politics, he
appear to be the most formidable hurdle in argues, only finds favour with the un-
renewing our dialogue with history. For enlightened and retrograde groups who
them, Islam as eternal text and its formative would make Muslims pariahs of the world,
history as context are congruent. Islam totally out of step with our times. Asghar
finds its full expression only in its primordial Ali Engineer makes a similar plea for envi-
settings. And if Muslim history has moved sioning Islam as moral order rather than
away from that context, it is their claim, it as a polity. And in these pages, we have
must be brought back to its original moor- presented an Islamic argument for accept-
ings. Both history and society are static in ing the worldliness of man’s historical en-
this vision, and the real actor in history, the terprise without endorsing the claims of
Ummah, has no other vocation but to act as doctrinaire secularism.
the guardian of an unchanging order, fro-
S Parvez Manzoor
www.Islam21.net Page 3

Editorial:
ISLAMIST OPTIONS

Abdelwahab El-Affendi
Are Islamists the last remaining obstacle to ent creatures from political parties. And al-
democratisation in the Arab world? though some pressure groups did consti-
tute themselves as political parties (the
This legitimate question leads to the follow- Greens, the UK Independence party, anti-
ing reflection regarding their possible immigration parties, etc.), such parties are
choices: very unlikely to be elected to power. And if
they were, their tenure is likely to be very
As things stand, Islamist groups appear short and very disastrous. Single issue
to have four different options. They could, if agendas do not sit well with the complex
they were bold enough, go for a full revolu- business of government and the endless
tionary take over on the basis of their cur- compromises it demands. Islamist groups
rent programmes, and face the conse- have been rather successful in the role of
quence. The experience of movements pressure groups in many Arab countries,
which took this root (in Iran and Sudan) although not always with positive conse-
does not look very encouraging. However, quences. The problem has often been their
one must add here that there was nothing emphasis on marginal issue having to do
inevitable about the disastrous perform- with personal conduct or freedom of ex-
ance of Islamists in power in those coun- pression, a tendency which has both dis-
tries. As was indicated by the experiments tracted from more important issues and in-
with the Mehdi Bazargan government dur- vited incumbent governments to engage in
ing the early phase of the revolution, and even more restrictive practices.
the more recent Khatami presidency (or The third option for Islamists is to build
even the Banisadr interlude). Other options broader coalitions in support of change.
were and are available in revolutionary This has the advantage of not demanding
Iran. In Sudan as well, the conclusion of the any radical revision of Islamist ideology or
2005 Naivasha agreement, which ended programmes. The compromises reached
the civil war in the South on the basis of a could be legitimised as temporary and con-
power-sharing arrangement between tingent. In fact, this is the substance of
Islamists and their main rivals, indicates what Islamists have been doing in practice,
that the pragmatic route remains open even whether in accepting to work within secular
in post-takeover situations. systems or in allying with secular parties. In
Alternatively, Islamist groups could with- Lebanon, Islamists have fully reconciled
draw from politics altogether and act as themselves to the secular constitution and
mere pressure groups in the way ulama therefore pose no problem to democracy
have done for centuries and continue to do there. In countries like Kuwait and Mo-
today. They could then support political rocco, Islamists also support the constitu-
parties or governments which are more tion, and similarly play a constructive role in
sympathetic to their worldview and oppose the democratic process. The problem only
those which are not, without contributing to arises when the opponents of Islamists
a political impasse as is the case now. This raise the question of the sincerity of
role in fact may be the one more suitable Islamists in the compromises they make,
for the current stance of Islamist groups, and continue to express the fear that these
since it can combine a maximalist agenda temporary compromises are just that: tem-
with a minimalist commitment to effective porary. They could be reversed any time
political action. Pressure groups are differ- the Islamists felt powerful enough to do so.
Page 4 Islam21

And then there is the AKP option: that passe is the limits of this entrepreneurship.
of radically restructuring Islamist pro- Islamist groups have successfully appropri-
grammes so as to attract a broader de- ated the politically valuable spiritual capital,
mocratic coalition and make for a more but then sat on it, not knowing what to do
stable political structure overall. The diffi- with it, in the same way as governments
culties posed by such a radical break with have achieved monopoly of political power
what all traditional Islamism stood for is but also failed to use it creatively, leading to
understandable, especially since Islamist political stagnation. One or both of these
groups have been experiencing a resur- actors needs to move and invest its capital
gence in support for their agenda as it to achieve a dynamic outcome.
stands today, as we have been discuss- We have mentioned before that incum-
ing. It is going to be psychologically very bent regimes have proved unable and un-
demanding for Islamist groups to openly willing to move forward in a satisfactory
give legitimacy to “un-Islamic” arrange- way. Quite the reverse, in fact; regimes
ments and share power with former rivals have been punishing successful political
on a diluted agenda. It is also likely to entrepreneur, whether Islamist or liberal,
alienate a section of hard core support- and continue to stifle civil society. But since
ers, which might do no more than dis- this is a meeting about the Islamist role, we
place the Islamist dilemma. can only address our concerns to the party
This latter development is not new, which is present. And we are not being pre-
since it has already occurred over the is- scriptive here, at least not in a condescend-
sue of violence and involvement in de- ing way. All we are saying is that, from
mocratic politics. A significant section of where we stand, it looks as though Islamist
Islamist opinion has rejected the peaceful inaction is blocking the path of reform and
democratic approach, and this schism, providing incumbent regimes with sufficient
which is the heart of the debate on terror- excuses not to discharge their duties in pro-
ism, has contributed significantly to the moting positive change. We would like to
current crisis. Ironically, many regimes see them adopting a more flexible stance
have used this as a pretext to punish the so as to build broader democratic coalitions
peaceful groups keen on joining the politi- that could push reform forward. Else, we
cal process, and thus given credence to would like to listen to what they have to say
the argument of the radical groups about about how they intend to pull their weight in
the futility of peaceful political involve- the cause of positive change and reform.
ment. However, this polarisation has nev- What is unacceptable is the continuation of
ertheless been instrumental in de- the present stalemate, where the major op-
legitimising and marginalising the violent position group is often unwilling to bid for
extremist groups. power, but also reluctant to stand aside and
This leads us to our conclusion. allow others to get on with the business of
Islamist groups are, to reiterate, by defini- politics.
tion those groups which have success-
fully and credibly appropriated a sizeable
portion of the community’s spiritual capi- Abdelwahab El-Affendi
tal in a context where such a success is Senior Research Fellow
politically relevant (i.e. through the exis- CSD, University of Westminster
tence of a sizeable constituency for which London UK
the locus of religious authority matters). Secretary of IFID
This success can only be achieved with a
combination of credible religious commit- (Excerpted from the author’s paper pre-
ment and political entrepreneurship. What sented at the CSD Workshop,
we are witnessing with the current im- London, November 2006)
www.Islam21.net Page 5

Fundamentalism

Islamic Politics or the Second Great Fitna?

Mohamed Shahrour
Before anything, I wish to address the basic implementing the sayings of the Prophet, but,
question and shed some light on what is meant in reality, the sayings of the Umayyads – to
by al‑uşūliah (fundamentalism), a term that has consolidate their power. As a result, protest
occupied, and continues to occupy under this movements began to appear under their reign.
rubric a large space within both Arabic and for- Ultimately, these protests culminated in the
eign literature. Significantly, the same term also overthrow of the Umayyads by the Abbasids.
has received much attention in Muslim history During the first Abbasid period, however, we
under the name of its promoters, the Kharijites witness the rise of the Mu‘tazilite School, which
or the Secessionists. The general linguistic adopted intellect, reason and free thought, as
sense of uşūliah is ‘returning to the those concepts were understood in those days,
uşūl’ (fundamentals). For some, al‑uşūl mean as the cornerstones of their Islamic methodol-
only the Holy Qur’an and the Sunnah of the ogy.
Prophet; for others, the Sacred Text (Qur’an) There was also another protest movement
and the şahih (authentic) Sunnah; for the Khari- that practised violence under the name of the
jites, it includes the principle of “Judgment is by Kharijites. Eventually, the Sunni community’s
God Alone” (similar to the “Sovereignty of God” allied itself with the Abbasid rulers, an act
cry in the modern era). Others believe that which appears as a coup d’état to their critics.
the Shar’ia is the Holy Book and the oral or During the rule of al-Mutawakkil (Abbasid Ca-
practical Sunnah. The discourse of fundaments liph 247 AH), the caliph succeeded in the further
(uşūl) however has nothing to do with violence. consolidating the party of Ahl al‑Sunnah wa
Hence, despite all the variations in the usage of al‑Jamā‘ah: here was the beginning of a very
the term, most Muslims, of whom I am one, do powerful and far-reaching alliance of political
not practise violence or believe in terror. Uşū- power and religious authority. In other words,
liah as a sectarian movement is part of modern the ‘ulamā’ and the fuquhā’ of those times sur-
Christianity, it is not part of the Islamic heritage. rendered their religious authority to the holders
It is a purely political movement belonging to of political power, a situation that remains true
our times. of the Muslim world to this day. The Grand
The confusion arose when political move- Mufti or the Head of the ‘ulamā’ or the Shaykh
ments, organized by Muslims who practised of Islam, an office which was established by the
violence and terror, were described by foreign Ottomans, is appointed by the ruling power in
observes as fundamentalists or jihadists. When most, if not all, of the Arab countries. This reli-
we talk today about violence and terror in al- gious authority has provided the greatest sup-
uşūliah al‑islamiyyah (Islamic fundamentalism), port for oppressive rulers. When, for example,
we really mean those armed political move- Imam A’az ibn ‘Abd al‑Salam began protesting
ments, not the moral or legislative Islam or the against the Mamluk rulers in Egypt regarding
Islamic rituals, in which all Muslims believe. alcohol and the emancipation of slaves, etc., he
I shall now return to the basic question posed was not aware that he was ultimately protesting
earlier. The legitimacy of the Umayyad rule (the against an legitimacy of a repressive power
Sufyanids and Marwanids) was buttressed by rather than its abuses.
the fuquhā’, who provided the required legal If we look at Europe, on the other hand, we
façade for their authority. Their system was find exactly the opposite picture. The religious
based on the key concepts of al‑jabr of qadā’ authority in Europe during the Middle Ages was
and qadr (fate and destiny). In other words, supreme. Political power was, in theory if not in
everything that men do had already been deter- practice, subordinate to this authority. It was
mined and prescribed. Later, they consolidated the Pope who appointed the kings and not the
their hold on the mosques and other religious other way round. The ceremony of ‘anointing’
institutions for their political goals - supposedly
Page 6 Islam21

was meant to demonstrate his sovereignty over of the country, of its traditions and of national
the political realm, the ‘worldly sword’ of the unity. The interpretation of the universe and its
Christian Commonwealth. One may say, from laws had been based on the text of the Old
an objective historical viewpoint, that the Old Testament and the Church’s understanding of
Testament worldview formed the basis of the it. Later, it came to be explained by scientific
Christian understanding of the universe and its research, based on an empirical and analytical
laws including the realm of government. approach, that led to the development of cen-
The utilitarian, or secular movements that tres of scientific research which contributed to
began in Europe had two objectives in mind: the spread of scientific knowledge. In the ab-
sence of Canonical Law, parliaments and legis-
1) The separation of political power from reli- lative councils began to emerge and legislate in
gious authority. The principal reason was that the name of the people. The Ten Command-
the Papacy claimed the right to appoint kings ments now became the basis of the moral
and princes. If someone acquired the throne code.
without the consent of the Pope; or if some king
wished to challenge the authority of the Pope, All these events were in harmony with
he was forced to establish his own church as the inner logic of Europe’s historical develop-
well. This is what happened in England [in the ment. All the movements of political and intel-
sixteenth century], leading to the establishment lectual renaissance that emerged had their be-
[by King Henry VIII] of the Church of England, ginning in this process of secularisation.
which asserted its independence from the au-
thority of the Pope. Thus, the monarch became So much for Europe, but what about the
the head of both church and state. state of the reform and renaissance move-
ments in the Muslim world?

2) The emancipation of scientific knowledge The political attitude of these move-


from the Church. Following new discoveries it ments, as for as the king was concerned, took
was found that the Biblical vision of the uni- its legitimacy from the idea that obedience to
verse and its laws, which had been adopted by the ruler (wali al‑amr or the Guardian) was
the Church, was not correct. According to obedience to the Prophet, and obedience to the
some, this transformation was made possible in Prophet was obedience to Allah. The definition
Europe because there was no original legisla- of qadā’ and qadar (divine decree and destiny)
tion or legislator at the heart of its faith. Christi- remained the same as it had been during the
anity became separated from Judaism by aban- Umayyad period, that is, everything had al-
doning the Law of Moses. In other words, the ready been prescribed, as according to the
principles of legislation in the Holy Book of the Qur’anic verse: “Say: ‘Nothing will afflict us
Old Testament were rejected by Christians, save what Allah has ordained for us; He is our
with the exception of the Ten Commandments, destiny’” (9:51), or the old popular saying:
which are generally moral in nature. Therefore, “What is written on the forehead must have
the establishment of parliaments and the imple- been seen by the eye”, that is, Allah already
mentation of secular legislation by the Chris- has the knowledge (and hence approval) that
tians did not come in conflict with the Church, the Bani Umayyad will rule; that it is their des-
at least in theory, as there was no sacral legis- tiny; whereas fate (qadā’) is the enactment of
lative institution. This situation enabled the de- this knowledge and its fulfilment in reality. Nev-
velopment of the alternative, secular intuitions ertheless, obedience to Allah is separated from
of the parliament, the legislative council and obedience to the Prophet and to the ruler, as in
popular rule. What we see in Europe is in my the Qur’anic verse: “O you who believe! Obey
view the logical outcome of the Christian rejec- Allah and obey the Messenger and those in
tion of the sacred law. authority from among you; then, if you quarrel
about anything, refer it to Allah and the Apos-
The king used to be appointed by the tle” (4:59). However, the ‘ulamā’ ignored that
Pope, but later, rulers were appointed by the completely because they were under the con-
people. In those countries where the institution trol of the repressive government. The two con-
of the monarchy was retained, it was stripped cepts of qadā’ and qadar (fate and destiny) and
of all its political power and it became a symbol obedience to those in command/authority (wali
al‑amr) were accompanied by unauthentic Say-
www.Islam21.net Page 7

ings of the Prophet, such as that which was vestment laws. Europe did not face this prob-
reported by Huthifah ibn al‑Yaman that the lem at all.
Prophet (peace be upon him) said: “Listen to
and obey [the amir], even if he hits you on the Although Europe could dispense with the Old
back and confiscates your money.” (In the mod- Testament interpretation of the universe and its
ern language; if he taxes you unjustly.) laws, the people of the Arab and Muslim worlds
could not do that, for the old interpretation be-
In addition, there was the lineage of the came firmly rooted in their traditional literature.
Quraysh or Ahl al‑Bayt, which may have been Some of these were originally known as the
envisaged as the equivalent of the Pope during Israelite traditions and contained a maxim,
his repressive rule in Europe. Then came the supposed to be a hadith of the Prophet (peace
usage of the title of Caliph or Amir al‑Mu’minin be upon him), that exhorted the Muslims: “Talk
(Commander of the Faithful) which legitimated as much as you wish about Bani Isra‘il.” Many
political power, with its right to coercion and enlightened Muslims today reject the traditions
control, in religious terms. Even before the col- based on the Old Testament exegesis, which
lapse of the Ottoman Caliphate, some reform found their way into various Islamic disciplines,
movements were talking about the Just such as Qur’anic tafsir, hadith, Nasikh wa
(coercive) Ruler. But they did not discuss the Mansukh (abrogator and abrogation), and As-
election of the amir or his powers or the dura- bab al-Nuzul (Occasions of the Revelation.)
tion of his rule, because the religious authority These protests or rejections however do not
was under the control of the Caliphate. affect the fiqh (jurisprudence), which is the
main pillar of Muslim civilization. Even now, we
When the Caliphate collapsed in 1924, there continue to hear fatwahs (legal opinions) or
collapsed with it the legitimacy of repression, a read books demanding that anyone referring to
situation that has continued to this day in the the spherical shape of the earth should be sub-
mind of general public. That is why we find an jected to takfir. Muslims have discovered that
astonishing mixture of regimes in power in the the problem is one of interpretation and that of
Arab and Muslim world. Rulers have realized a legislative fiqh based on that interpretation.
that their legitimacy is insufficient or non- What has complicated the matter further is the
existent and have resorted to oppressive meas- division of the Ummah into sects, each having
ures to bolster their regimes. An example is the its own authoritative texts, scholars and fiqh.
institution created by the Iranian Revolution,
that of walyat al‑faqih, which may suspend any This situation has produced a quantitative and
legislation issued by Parliament; for, the gov- accumulative heritage of traditions, parts of
ernment merely represents the middle link be- which do not complement one another; some
tween popular consent and the ultimately un- even contradict the other. Not only is it difficult
challengeable authority of the jurist (walyat al- to co-ordinate the various parts, to screen
faqih.) them, modifying or accepting in parts, but also
it is impossible to ignore them. All this has af-
The Arab and Muslim world differs from fected the behaviour of the fundamentalist Is-
Europe in what is known as the Shari‘ah. What lamic movements and their different stances.
I mean by the Shari‘ah is the [Qur’anic] verses
of legal rulings (ahkām al‑Qur’an) covering so- The liberal movements in the Muslim world fol-
cial and family relations, legal penalties, inter- lowed the European path and rejected fiqh
personal transactions (mu‘amālāt), and per- (jurisprudence) and its rulings, though they did
sonal affairs. These are issues that certainly not reject Islam as a unifying, divine message;
could not be separated from the state. It was nor did they abandon its rituals and supreme
possible to separate the religious rituals such values. Their demands for the separation of
as Hajj, prayer and fasting, as the Holy Prophet religion from the state meant the separation of
himself had done so. However, it was not pos- fiqh and the Shari‘ah, not the separation of
sible to separate issues of marriage, divorce, prayers, fasting or the Hajj, nor the separation
heritage, upbringing, adoption, buying and sell- of the penalties for murder or dishonesty. Nev-
ing (cash or credit), and consumption and in- ertheless, these liberal movements did not
possess the philosophical acumen that would
Page 8 Islam21

allow them a foothold in the religious space of The nationalist movements empha-
the Arab/Islamic culture. Thus, they remained sised the concepts of science, progressive-
alienated and removed from the culture of the ness and modernity, but transformed them
people. I do not doubt at all the sincerity, inten- into a dogma. Freedom was hijacked under
tion and rationalism of the adherents of West- the slogans of Arab unity, socialism and pro-
ern liberalism, which was taken in its original gressiveness. They settled for the terminology
format from Europe without being transformed of “reactionary”, “agent” or “traitor”, as op-
into a format suitable for Arab/Islamic culture. posed to the Islamic terms of kafir, “atheist”
and mushrik (polytheist) and the communist
As for the Marxist movements, they terms of “capitalist”, “imperialist” and “enemy
were even worse. These movements began of the people”.
from their own absolutes and established their
revolutionary legitimacy with their own concepts Then there erupted the war of 1967,
or slogans. They considered the inevitability of the greatest debacle and unmasking, of these
the judgement of history in a similar way to the movements, for it showed that the modernist
inevitability of qadā’ and qadar as directed by projects in the Arab world did not deliver on
their promises. Nationalism had become a set
of romantic ideas empty of a philosophical the-
The nationalist movements empha- ory for building a society and state, or achiev-
sised the concepts of science, progres- ing justice or the reconciliation of conflicting
siveness and modernity, but transformed interests. The best that the nationalist move-
them into a dogma. Freedom was hijacked ments could produce was a police state that
under the slogans of Arab unity, social- denied people their freedom, as if the flowers
ism and progressiveness. in the meadow can be crushed by the heals of
the boots.
Finally, we come to the Islamic move-
the repressive Umayyads. Their belief in the ments. The religious and political authorities
transformation of human societies was absolute in the Arab world were separated from each
and, according to them, the Marxist historical other. Historically, the religious authority
scheme would unfold in stages until humans wholly submitted to political power, so that its
achieved communism. In many ways, their role was confined to justifying the behaviour
thought was dogmatic and rigid. Then they of those in power. Not inconsistently, the po-
moved on to regard laws of societal develop- litical Islamic movements were based on the
ment within these stages as purely physical following principles:
laws, ignoring human freedom and its propen-
sity for debate and participation as well as the Promoting the slogan “the sovereignty
role of society in the march of history. They re- of Allah” in order to take away power from the
garded nationalism in the same manner as the political and traditional religious authorities,
Mamluk and their fuquhā’, for they believed that they relied on the historical Islamic literature
the holy tradition of Islam could act as a melt- of fiqh and books of the Prophet’s Hadith with
ing-pot capable of dissolving all nationalistic the aim of finding a new unity between politi-
affinities. An even greater failure was their ten- cal and religious power. This was impossible
dency to espouse secularist atheism. Their ef- in the world of Sunni Islam, for these two
forts and ideas focused on deconstructing relig- powers had been separated since the period
ion instead of struggling against the religious of Mu‘awiya ibn Sufyan, when the manage-
authority that had taken hold over people’s ment of the mosque was taken over in sup-
minds and bodies. As justification, they blame port of those in government. This explains the
the repressive feudal Church and her clergy, mutual repulsion that exists between repre-
such as Rasputin [known as the Mad Monk], for sentatives of the political Islamic movements
the reaction of Marxism and Marxists towards and the scholars of the religious authorities. It
religion. However, all they have done, in my also explains the emergence of Jama‘at-e-
opinion, is to block the spring under the pretext Islami, al-Qa‘idah and others, just as both the
that the estuary is polluted. political and the religious power had a single
authority during the Taliban regime of Af-
ghanistan.
www.Islam21.net Page 9

Since the political Islamic movements sword. The symmetry of the terminology has
have relied completely on the literature of the been achieved through an arbitrary under-
heritage (turath), they have not offered any- standing of the Text, resulting for instance in
thing new, or added anything substantial to the equating fighting (qatal) with killing (qatl). For
theory of state and society; nor have they re- them, it is a feat of original reading! All this has
flected on what the twentieth century has pro- occurred owing to the lack of an original and
duced in terms of advances in science and in- modern Islamic theory of the state and society,
formation technology. These advances have which would have put jihad, piety and public
enabled certain concepts to become common- debate in their proper places. This misunder-
place – which was not possible before – such standing and confusion, even when accompa-
as the state, civil society, general freedom, indi- nied by a sincere religious emotion and true
vidual freedom, right of expression, constitu- love for Allah, the Prophet and the Holy Book,
tion, and the rights of women in the workplace, could lead to incidents of armed violence.
universal suffrage and governance. For exam- Probably the greatest error into which human
ple, the constitutional theory of law and state, beings fall is that they fight, kill and die in de-
which limits the power of the ruler, the duration fence of their ignorance, as happened during
of his/her rule, and the method of his/her elec- the events of 11 September 2001 in the United
tion; these issues do not exist at all in the his- States.
torical Islamic literature. The concept of individ-
ual freedom, for instance, is compared with the There is a purely political reason as
system of slavery. In that literature, the free well. The Arab and Muslim world is full of re-
people are only those human beings who are pressive governments, which are aware, deep
not bought or sold in the marketplace! Today, down, that their legitimacy is incomplete and
in contrast, the concept of individual and gen- that it is actually on the wane. So, they appeal
eral freedom has many different meanings. Fur- for the support of the official religious authority.
ther, the concept of public opinion and parlia- It is only natural that they resist the attempts of
ments was unknown. In the traditional Islamic the movements striving to strip them of their
fiqh, there was no value attached to public political power, and this causes violence. Then
opinion, and most people were not even al-
lowed to have an opinion. The symmetry of the (Islamist) terminol-
ogy has been achieved through an arbi-
According to the jurists, the general trary understanding of the Text, resulting
public is to follow the religion of the rulers and for instance in equating fighting (qatal)
fuquhā’. Although in the traditional fiqh, there is with killing (qatl). For them, it is a feat of
a legitimate exercise of fatwah (personal opin- original reading! All this has occurred ow-
ion), yet there is no referendum. Where is the ing to the lack of an original and modern
Islamic theory of the state that provides a con- Islamic theory of the state and society,
stitutional space for public opinion and parlia- which would have put jihad, piety and
mentary referendum? I have personally re- public debate in their proper places.
viewed the literature of some of these move-
ments and groups and discovered that I am
the problem becomes, which came first? The
facing people who are very sincere concerning
chicken or the egg? It is known that when re-
their religion, yet they are a group that treat
pressive authority uses violence in response to
problems of the state and modern society with
anyone who tries to remove it from power, it
the utmost political naivety. Why, then, do
not only targets the Islamist movements and
some resort to violence and terror? I believe
groups, but also confronts anyone who poses a
that it is for the following reasons.
threat to it, be they Islamists, communists or
The weakness of their ideas and the nationalists. In the light of the last point, in par-
promotion of binary politics, to which I have ticular, we see that these movements will not
referred earlier. The mixture of politics and fade away or cease as long as there exist pov-
kufr, politics and faith, piety and rituals, jihad erty, unemployment and ignorance in Arab so-
and armed violence, and ignoring the verse of ciety. Violence and force cannot eliminate
the call to Allah (da‘wah) with encouraging these movements, for their popular base is
words and replacing it with the verse of the widespread in society. As long as there is an
unequal distribution of wealth and privileges
Page 10 Islam21

among the social classes, and as long as un- its institutions. Let us take the following exam-
employment among the youth of Algeria, for ple. The Islamic literature and books of
example, remains at more than 25 per cent, the Qur’anic interpretation, Hadith, Abrogator and
violence will not cease and the political move- Abrogation, Reasons for the Revelation, etc.,
ments will not fade away, be they Marxist, are the texts that have been adopted and
Islamist or anything else. taught by the Taliban and al‑Qa‘idah. They are
the same texts that are taught in al‑Azhar, Zy-
The failure of the modern movements in tuna (in Tunisia) and in Shari‘ah colleges every-
the light of what the results of the 1967 War where; they are used for the science of the
have shown, and the descent of the Arabs and Qur’an and Hadith in the universities of Damas-
Muslims into a national, cultural and intellectual cus, Cairo, Mecca and other cities. What I
vacuum, which the Islamist movements have mean is that the curricula, the books and litera-
been enabled to fill. However, they have filled it ture that have fiqh of mu‘amalat and an inter-
with an outdated content, based on the experi- pretation of the laws of the universe will by ne-
ence of ancient times, and created by people cessity produce merely different versions or
for their times. They have crystallised the most models of the Taliban regime.
dangerous trend in the Arab mind, namely,
This is what Muhammad ‘Abdu once pointed
yearning for the past, just as they have been
out, yet he was labelled a kāfir (unbeliever) by
helped by the official religious institutions in im-
the traditionalists, who accused him of being a
plementing this policy up to the present day.
Freemason and an agent of the West. What I
This policy includes the use of violence to im-
mean is that Islamization is, in reality, a purely
pose a return to the past as if it were a religious
sociological process. As a result of this proc-
duty.
ess, the civilized society will produce a civilized
Therefore, we think that it is impossible
Islam, and the Bedouin society will produce a
for the political Islamist movements to succeed
Bedouin Islam.
in gaining legitimacy until they present a mod-
ern Islamic theory of the state and civil society, Probably the worst that Muslims have pro-
establish the concept of the democratic state, duced are political Islamist movements that use
and provide space for opposition and public violence and force in an attempt to lead Arab
opinion. They should also provide a space for a and Muslim societies back to the past under the
representative government, a parliament, free- slogan “Implementation of the Islamic Shari‘ah”.
dom of belief, greater public role for women, Under this system, the Islamic Shari‘ah be-
and public and private human rights. None of comes a mere façade, because the private in-
terests of the rulers are the real politics of the
state. Afghanistan under the Taliban was the
We think that it is impossible for the po- biggest producer of drugs in the world. Muslims
litical Islamist movements to succeed in are no different from other people and, like
gaining legitimacy until they present a them, can be seen to carry out all sorts of as-
modern Islamic theory of the state and tonishing acts when they gain power.
civil society, establish the concept of the
Let us reflect at the phenomenon that
democratic state, and provide space for
emerged in the 1970s, after the 1967 War. It
opposition and public opinion.
was called ‘Islamic awakening’ (şahwah). This
phenomenon emerged, as we have said, as a
result of the failure of the modernity’s projects,
this will be possible unless the concept of legal because modern ideologies and methods did
evidence (al‑adillah al‑shari‘ah) is thoroughly not redeem their promises. It was felt that there
analysed. It is the concept of legal evidence, has to be an alternative, and that alternative
established in the second and third century AH, was found in a return to the cultural heritage.
which needs a complete revision, not Islam it- However, the much proclaimed Islamic awak-
self. ening did not progress beyond rituals and wor-
Without this revision, the danger is that the ship (‘ibādāt), as understood by the people of
fundamentalist forces will increase in power to the heritage of prayers, fasting, the Hajj, reli-
the point where they could threaten or even gious retreat in the mosque (mahrab), in addi-
prevent the development of a civil society and tion to the growing of beards [for men] and the
www.Islam21.net Page 11

compulsory hijāb for women. These became


Some believe that the call (da‘wah) for the
slogans and political symbols worth fighting for.
legal implentation of the Islamic Shari‘ah will
None of this has troubled the repressive rulers
represent the rejection of religious, political and
in the slightest. On the contrary, they encour-
cultural pluralism in society. We should discuss
age and participate in it, as long as these activi-
this matter and define precisely what we mean
ties keep people occupied and distract them
by the Islamic Shari‘ah. If it is the Holy Qur’an
from assessing and evaluating the rulers’ per-
and the Sunnah of the Prophet, then this
formance. What concerns the repressive rulers
means that Allah and His Prophet are opposed
and frightens them are activities such as consti-
to cultural, political and religious pluralism
tutional fiqh, scrutiny of the conduct of the gov-
within the borders of the Islamic State. This is
ernment and the accountability of state officials,
impossible. Allah states, loud and clear, that
motifs not originally found in turath literature.
Only the fact that copies of the books about the
cultural heritage are sold (and reprinted) by the
million is regarded by the people as evidence …... the curricula, the books and litera-
of the Islamic awakening. ture that have the fiqh of mu‘amalat and
The official religious institutions have also an interpretation of the laws of the uni-
support these activities, as long as they further verse will by necessity produce only dif-
their own interests. The other part of the cul- ferent versions or models of the Taliban
tural heritage that is accessible is in the domain regime.
of the Shari‘ah or the legislation covering the
ma‘amalāt and personal affairs. Though, it of-
ten sectarian in nature, displaying a multiplicity there is “no compulsion in religion” (2:256) and
of legal opinions, most of them mutually contra- “if your Lord had wished, surely all those who
dictory, it still points the researcher towards are on the earth would have believed, all of
some kind of historical insight. Nevertheless, them; will you then force men until they become
even this apparent advantage hides an inner believers?” (10:99). At some level, it is of
disadvantage, namely that these conflicting course a matter of verbal games, or word play,
views do not help us understand the true for other elements have also been introduced
maqşad (intention) of the Lawgiver (Shari’). into the definition of the Islamic Shari‘ah in ad-
Confirmation of the sighting of the new moon dition to the Holy Qur’an and the Sunnah. In
(hilāl) at the beginning of the month of Rama- the same way, books on şuhah, al‑masānīd,
dan by using modern techniques was approved mut‘āt and sunān have been introduced into
by some and rejected by others. The interest the Prophet’s Sunnah under the assertion that
charged by a bank on a mortgage for buying a they are Sunnah. How can the Islamic Shari‘ah
home was legalized by a shaykh of al‑Azhar contradict what is not contradicted by Allah in
and rejected by an imam in Damascus, who His Book and the Prophet (peace be upon him)
issued a fatwah on the Internet concerning the in his Sunnah?
falsehood of the Shaykh of al‑Azhar. Perhaps
If we remove the Holy Book and the
the most ridiculous of their differences is the
Prophet’s Sunnah from the term Islamic
interpretation of the amputation of a thief’s
Shari‘ah, then there remains what we mean by
hand. For some, it refers to the fingers; for oth-
it, that is, books on fiqh that are easily accessi-
ers, the hand should be amputated at the wrist;
ble. Examples are al‑Umm by al‑Shafi‘i,
for some, at the elbow; and for some, at the
Hāshiya Radd al‑Muhtar by Abu ‘Abidīn, al-
shoulder. In the opinion of al‑Suyuti amputation
Muwāfaqāt by al‑Shatibi, rules of the imāmah
of the hand can include the legs, when the
by Abu Ya‘lā, al‑Ahkām al‑Şulţaniyah by
crime is repeated. However, according to Abu
Mawardi, as well as other books on fiqh, whose
Muslim, amputation of the hand is only a figure
titles we cannot remember. Nevertheless, all
of speech and is not to be taken literally. There-
these books are the product of the human en-
fore, the Islamic awakening and revivalism
deavour and there is no doubt whatsoever that
has limited its inquiries to matters regarding
they carry the stamp of history. These books
what has been agreed upon concerning the
were formulated by their authors according to
rituals, and, of course, the compulsory hijab.
the legal evidence and fundamentals (uşūl),
Page 12 Islam21

which are themselves human products and read the verses and Sunnah as a secondary
thus carry the stamp of history. If the intention reading to give us new uşūl (fundamentals) for
is to apply the content of these books about fiqh and legislation.
uşūl (fundamentals) to the current reality of the
As I see it, we should begin from the following
Muslim society, then I say that the Taliban will
principles:
become a reality in every Arab and Muslim
country, depending on the conditions in the in- The supreme values of morality have been
dividual communities. This not only contradicts subjected to a development and modification,
pluralism and civic society, but also represents from the Holy Prophet Noah to the Holy
a disaster that will take the Muslim community Prophet Muhammad, and have carried the
back to the Middle Ages, and not to the era of great universal human values and injunctions
the Rightly-Guided Şahaba (Companions). We such as dutifulness to parents, not killing hu-
know that a religious state is necessarily a re- man beings, keeping promises, and not telling
pressive state as it has greater difficulties ac- lies, etc.
cepting the Other on equal terms. The religious rituals, which are an important
However, we understand that the Islamic part of faith, such as prayers, fasting and Hajj,
Shari‘ah comprises of the verses of the ahkām have been subjected to variation. Prayer exists
(legal rulings) mentioned in the Holy Qur’an in all beliefs; fasting exists in Judaism and
and the Prophet’s Sunnah. To note however is Christianity and it is imposed on all believers for
the fact that the first actual application of these a specified number of days. For Muslims, it
ahkām was not only within a dynamic society, takes place in the month of Ramadan, and for
but also within a defined historical period and others it takes place at other times. All these
geographical location. We say this because we are forms of fasting and all are unproblematic.
want to esnure that there is no conflict with plu- Therefore, we say that pluralism and variety in
religious rituals should be acceptable in a state
and the presence of places of worship –
All these books (of the fiqh) are the prod- churches, mosques and so on – next to one
uct of the human endeavour, carrying the another should be acceptable in a democratic
stamp of history, and express their rul- society, so that we see it as a reality in most of
ings according to the legal evidence and the Muslim countries and in other countries of
fundamentals (uşūl), which are them- the world.
selves human products and thus carry the
stamp of history. If the intention is to ap- The Shari‘ah based on the ahkām verses
ply the content of these books about uşūl (apart from tawhīd and rituals) has undergone
(fundamentals) to the current reality of the development in the understanding and applica-
Muslim society, then I say that the Taliban tion of its principles. What distinguished the Is-
will become a reality in every Arab and lamic Shari‘ah was that Prophet Muhammad
Muslim country. brought the final version of earlier legal codes
that had undergone development based on
change and reform. The Prophet brought a
ralism or with a civic society. What remains is Shari‘ah based on ahkām (rules) that were
that we should make full use of our intellect as characterized by limits, known as the “limits
believers and produce a new fiqh which is imposed by God” or the hudūd of Allah, and
based on the new evidence (adilla) and the fun- were part of the finality and universality of the
damentals (uşūl) enshrined in it, it should be a Islamic message. Although the punishment for
fiqh which does not oppose democratic society a murderer is the death penalty, this is the up-
or pluralism and it should accepts the Other per limit, which should not be exceeded. The
and the plurality of different opinions under the sentence can be reduced to a more lenient
umbrella of parliaments, elections and refer- penalty than execution. There are countries
enda. What is entrusted to us is that we should that decree execution, based on the most se-
do what our predecessors did in their time, vere penalty, and there are countries that have
when they read the Qur’anic verses of ahkām abolished execution and consider life imprison-
with the Prophet’s Sunnah as the primary ment sufficient, for example. Both systems are
source of guidance suitable for their circum- Islamic and correct. Another example is that the
stances and in tune with their age. We should most severe penalty for theft is the amputation
www.Islam21.net Page 13

of the hands (far from the most extreme varia- murderous gangs. It is also a duty to give a de-
tions mentioned earlier). There are countries tailed account about one of your relatives to
where the hands are amputated and others someone intending to have financial dealings
where a more lenient penalty is imposed. Both with him or to embark on a joint commercial
systems are Islamic and correct. The character- venture with him. This is not the ghībah or
istics of hudūd (limits) and ahkām gave the backbiting, against which God has warned us.
Shari‘ah a flexibility in that everyone could ap-
From all this, we can say that the Prophet
ply it on the basis of fiţrah (nature): “The nature
was not authorized to decide for himself what
made by Allah, in which He has made men;
was halal (permitted) and what was haram
there is no altering of Allah’s creation” (30:30).
(forbidden). However, he was free to give or-
Haram (forbidden) is absolute, comprehen- ders and warnings, and he needed to be aware
sive and eternal, and (its prescription and an- that prohibition was subject to flexibility and
nulment) within the jurisdiction of Allah Alone. context, for it was not absolute, comprehensive
No one has the right to make anything haram, and eternal like tahrīm and tahlīl. This insight
be it prophet, messenger, Companion, ijmā’, or
qiyās. We find the tahrīm in the Holy Book of
Allah (Qur’an): in particular, twelve that had Those who are aware and are bold enough
been collected from the time of Noah to Mu- to speak out are our only guarantee for
hammad (peace be upon them), which are ma- the truth and our bulwark against violence
jor vices. At the top comes shirk or polytheism, and terror. I say that the road to all these
followed by the ill treatment of parents, murder, goals and objectives is long and arduous
obscene behaviour, swearing false oaths, and and I do not deny that we will have to mix
giving false witness. a good measure of utopianism with our
These harams are not open to analogy or sober hopes to achieve them.
discussion or voting or the opinion of the other
or a referendum. Nor can the rule, “necessity
permits the forbidden”, be applied to them
provides us a path for the interpretation and
unless there is a clear text and a sound reason,
understanding of the Prophet’s Sunnah.
such as eating forbidden food when the alter-
native is starvation. However, there are some There is one last point that I have considered
fuquhā on the Internet who allow that which is for a long time. For, how long can we say that
forbidden, that is, they are legalizing the har- the fundamentalists are capable of sustaining
ams. We advise them to go back and study the this collective effort? After I have examined all
Arabic language. Using analogy as an excuse the principles on which fundamentalist political
for eating forbidden food out of necessity and Islam is based, realistically, ideologically and
extending that to allowing ribā (usury or inter- legally, I can only foresee the following picture
est) is clearly not the action of anyone in his of what is possible in the future, and attempt to
right mind. If the Prophet was not allowed to draw the conclusions as best as I can. High-
make anything halal or haram, except what lighting as well as discussing it and finding an
God had instituted, then how can those fuquhā answer to it is a matter of interest for all the
and fatwah councils take it upon themselves to parties concerned, including the political
do so? And what about the tahrīm that one Islamist movements themselves. I am inclined
hears daily from the fuquhā’ and the issuers of to focus the discussion on the central topic
fatwahs? without including all the fundamentalists, some
of whom are not fully aware of the opinions of
The rule that “necessity permits the forbid-
the other movements. At the top of the list is
den” applies to prohibition (al‑nahy), which is
the fundamentalism of the official religious insti-
mentioned in the Holy Book of Allah. Prohibi-
tutions. The discussion of this question and the
tion is less strict than tahrīm, for it has some
answer to it are not as easy as we might imag-
flexibility. Spying and talking behind people’s
ine. Although the question mentions “collective
backs (ghībah) are prohibited though not abso-
effort”, it does not clarify the objective of the
lutely forbidden. This is why spying on enemies
collective effort and its intention. Does it aim to
and finding out what they are doing is a duty,
reach the corridors of power?
as is for instance spying on murderers and
Page 14 Islam21

I shall assume the truthfulness of the and the Sunnah of His Holy Prophet from the
adopted slogans about justice, equality, shūrā, perspective of our own realities. Even if our
fighting corruption and strengthening public se- own reading comes to differ from the earlier
curity. Nevertheless, all these slogans should readings of our illustrious fuqaha, we’ll still
have mechanisms to implement them, and pro- have love and respect for them. Those who are
grammes for those actions that must inevitably aware and are bold enough to speak out are
follow this implementation. None of these fac- our only guarantee for the truth and our bul-
tors exist in the Heritage upon which funda- wark against violence and terror. I say that the
mentalism is based. The basis of al‑uşūliah road to all these objectives is long and arduous
(fundamentalism) is the view that the Heritage and I do not deny that we will have to mix a
and its people (the people who created our tra- good measure of utopianism with our sober
dition and heritage) are beyond criticism and hopes to achieve them. Yet, I can see no other
therefore they should be followed literally, de- clear way to the final destination or salvation.
spite their shortcomings and contradictions.
Praise be to Allah, Lord of the worlds.
The promoters of al‑ūşūliah feel obliged to put
the cart before the horse so that they can force ———————————————————-
the person to return to the past in every detail
and abandon the present and all that is new, in
order to apply the texts of the Heritage, not one *Mohamed Shahrour (PhD) is an engineer
letter of which should be altered. All of these and eminent Islamic thinker resident in Damas-
actions are performed under the slogan of the cus, Syria.
fundamentals. If their aim is participation in
power, as well as enjoying its privileges, then Translated by Najah Kadhim
with whom will these movements be able to co-
operate? With the nationalists or with the liber-
als? Or will they transform themselves into an
official religious institution under a new name
with a mission to give legitimacy to a ruling
power that is itself a participant? In our opinion,
the aim of the fundamentalist movements is to
gain power. Whether to enjoy it or take part in it
will leave the door open for all the movements
in their wake, whether religious or not, to bring
back violence, though after exchanging rulers
and positions.
We are experiencing a new phenomenon in
Lebanon: a fundamentalist movement of princi-
ple and ideology that is proving that terror has
no place in it and that its violence is directed
exclusively towards occupation and colonialism
and it is trying to find its place in the political
and cultural jigsaw of its society. It is not possi-
ble to predict the extent of this movement’s
ability to co-operate with other nationals and its
influence inside the country. The outside world,
East and West, perhaps will not allow, owing to
its historical experience, the emergence of col-
lective action of any kind led by a religious and
fundamentalist movement.
What the rest, of whom I am one, are calling
for is that we should begin with individual hu-
man beings and their intellect (faculties of rea-
soning, (‘aql). There must be a fresh, modern
reading of the Supreme Book of Allah (Qur’an)
www.Islam21.net Page 15

Activities of IFID

ELECTING ISLAMISM
Islamist politics and the prospects for Arab democracy

Three-day workshop organised together with the Centre for the Study of
Democracy, University of Westminster, London W
(3 - 5 November 2006)
The recent string of electoral successes by Islamist parties in a number of Arab coun-
tries, of which the victory by Hamas in Palestine is the most dramatic, seems to indicate
that this phenomenon is far from transient. It is a highly significant and potentially trans-
formative trend and calls for an urgent examination of its impact on democratization and
political stability in the region. In response to these developments and in order to ad-
dress new challenges posed by “electing Islamism”, in the Arab world, the Democracy
and Islam Programme (in partnership with the University of Durham, the Program for
Dialogue between Civilizations, Faculty of Economics, Cairo University and the Interna-
tional Forum for Islamic Dialogue) organised a three-day workshop in London, at which
invited participants from the Arab World, UK, Europe and the United States had the op-
portunity to review and discuss current developments with academics, policy-makers
and opinion-builders from these regions.

The prominent guests and speakers included the following:

Dr Abdelwahab El-Affendi (UK), Ambassador Hans-Gunther Gnodtke (Germany), Dr Ibra-


him al-Jaafari (Iraq), Sheikh Rachid al-Ghannoushi (Tunisia), Dr Nasir Al-Sani’, MP
(Kuwait), Dr. Radwan Masmoudi ( USA), Dr Abdolkarim Soroush (Iran), Dr Samir Khalaf
(Lebanon), Dr Abdul-Majid Manasra (Algeria), Mr Muhammd Al-Mansouri (UAE), Dr Rafiq
Abdussalam (Tunisia): Dr Asma Afsaruddin (CSID), Dr Robert Springborg (SOAS), Dr Jo-
hannes Reisner (Germany) Dr Bilal Tlaidi (Morocco), Dr Burhaneddin Duran( Sakarya Uni-
versity-Turkey) , Dr Saeed Shehabi (UK) Dr Laith Kubba (Iraq/US), Dr Simon Joss, CSD
(UK), Prof John Keane, CSD (UK), Dr Maria Holt, CSD (UK) and Dr Najah Kadhim (UK).

The International forum for Islamic Dialogue (IFID), the Muslim Institute and the
City Circle hosted a seminar in London on 31 October 2006, on:

Islam and State: Rethinking Muslim Politics

Dr Asghar Ali Engineer was the Keynote Speaker.

The Brainstorming session discussed the relationship between Islam and the state, the
impasse of Muslim politics under the banner of radical fundamentalism, and the moral
and practical challenges of democracy, secularism, human rights and the promotion of
a just world-order.
Page 16 Islam21

Promoting the Universal Moral Order of Islam


Arguments for a Rational, Humane and Democratic Political Order

Najah Kadhim
Introduction secularism, seen as a separation of religion
from the affairs of the state. This does not
The question that needs to be asked is: Was mean the reduction of Islam to an individual
Islam revealed in order to determine the politics moral dimension, but the establishment of a
of a certain historical community? Is its goal, to just society by the creation of a range of social
use the current jargon, merely the establish- institutions that embrace the whole population.
ment of an Islamic state? Or, is it so that Islam The empowerment of the whole society and
is essentially a universal message that ad- community is an effective means of limiting any
dresses the moral and social malaise of man- excesses of political power. One might ask:
kind? What is the role of the Shari‘ah? If it is per-
Today, we are told by most, if not all, of the ceived as dynamic and modern, then it must be
ideologues of the Islamic movements that the incorporated into the social dimension of the
role of Islam is to establish an ‘Islamic’ state, a community, albeit not in its present form as a
political entity whose mission is to safeguard medieval political system and methodology.
virtue and protect the moral fibre of the society.
The Shari‘ah, accordingly, is its mechanism for The Qur’anic View
carrying out this mission. (Such a model of Is-
lam is obviously a failure. We need only to think The Qur’an states: “And most surely you con-
of the modern “caliphate” or “emirate” of Af- form to sublime morality” (68:4); “We sent you
ghanistan, the Taliban regime, to realize the but a mercy to the world” (21:107); “This Book
fallacy of this claim! There do exist, of course, – there is no doubt about it – is a guide to those
other contemporary examples of catastrophic who guard [against evil]” (2:2). The Prophet
failure in social and economic growth or imma- (pbuh) said “ ‫[ اﻧﻤﺎ ﺑﻌﺜﺖ ﻷﺗﻤﻢ ﻣﻜﺎرم اﻷﺧﻼق‬I have
turity, as for instance in the case of Sudan and been sent to complete the moral guidance] (1).
Iran!) These are just a few of the many verses and
the prophetic sayings that strengthen the socie-
The other view, which gives an affirmative tal argument that the task of Allah’s Messenger
answer to the second part of the question, is was to create a community. The Holy Qur’an
based on the emphasis on society and its stresses the establishment of a just society,
needs. One example is the government of Er- even producing new terms such as ihsān,
dogan in Turkey. Paradoxically, however, while whose nearest meaning in English is
Turkey is a secular state, where women wear- “benevolence, or kindness; even generosity”, a
ing hijab are banned from the universities and virtue particularly appropriate to the social com-
state employment and men wearing baggy munity rather than to the politics of a state.
trousers and beards are banned from employ-
ment in the civil service, yet, the presence of The example of the Prophet in Madinah al‑-
moral and practising Muslims in the govern- Munawwara in establishing the Covenant of
ment, proclaiming virtue by example rather than Madinah is clear enough: Islam was not to be
by passing laws and implementing political di- imposed on the other communities. Each com-
rectives authorizing the halals and harams, is munity, according to Abu Ishaq, the earliest
very much part of the Turkish scene. Indeed, it biographer of the prophet, was treated as an
is also a legitimate form of Islamic response to autonomous unit. By guaranteeing the rights
the question of Islamic identity and its rele- and duties of the whole population, the Prophet
vance in the public sphere. The aim of this ap- created a very basic multi-cultural society which
proach is to meet the requirements of a twenty- could be considered a kind of secular (or Plu-
first-century Muslim society and its life through ralist) experiment at the Dawn of Islam. A study
an ethical vision. Its mechanisms are the mod- of this early model shows that the characteris-
ern institutions that combine Islamic culture and
www.Islam21.net Page 17

tics of this type of community were voluntary Some might remind us of the Qur’anic
work and various contributions by the individu- verses, such as: “ ‫[ ﻓﺎﺣﻜﻢ ﺑﻴﻨﻬﻢ ﺑﻤﺎ أﻧﺰل اﷲ‬And rule
als. This is indicative of social rather than politi- among them by that which Allah sent down]
cal activity. (5:48, 6:57, 12:40) or [….. the true one, now
surely His is the judgment…] (6:62). These
The emphasis of many verses in the Holy verses could well serve as sources for legisla-
Qur’an on Arabic words like qawm and tion but hardly for political power. Other ask,
jama‘ah, meaning groups and their organiza- what about the “Wélayat” that is mentioned in
tion in various forms and contexts reflects the the Quran?. The answer could well be the
importance of groups and communities in the creation of social institutions to act as checks
believer’s work and daily life. There are even and balances to prevent corruption, suppres-
two instances of the Caliph being selected by sion and oppression, etc., as well as protecting
the efforts and approval of the community. The citizens’ rights and promoting the transparency
first occasion was the selection of Abu Bakr by of government. Clearly, the concepts of free-
the elders of the Quraysh, who swore alle- dom and rights have no meaning if there are no
giance to him (bay‘ah). The second occasion institutions to safeguard them. These institu-
was the case of the fourth Caliph, ‘Ali, who did tions should be effective in protecting the moral
not even accept the oath of allegiance from in- code and working for social justice, which was
dividuals, but insisted on the collective alle- the objective of the Qur’an.
giance (bay‘ah) from the Ummah, for he con-
sidered the Caliphate a social contract between The Qur’anic verse “And that man shall have
him and the whole community. nothing but what he strives for, and that his
striving shall soon be seen” (53:39–40) is dis-
Perhaps many could argue that these two cussing society and the economy. It shows that
examples rather strengthen the message of social mobility has an essential role to play in
political Islam. Nevertheless, a sociological economic activity. Yet, who initiates such an
analysis shows that there are practices in these activity? It is the people who activate a society.
and other examples to explain the societal ob- It is their human interests and motives, which
jectives, for the Holy Prophet’s emphasis were activate society. It is the social and moral atti-
on the moral and ethical aspects of community. tudes by means of binding institutions, which
As in Madinah, there was huge scope during regulate interests and motives.
the Caliphate for doing ma‘rūf or actions that
were generally considered beneficial. This was It is the reduction of Islam to a political ideol-
another social term that Islam created to vali- ogy and political control and the inherent ten-
date good social deeds. Voluntary assistance dency of the human psyche to wield some form
to the poor and sick was also an outstanding of power, which exacerbates the vested inter-
characteristic of this period. That the Compan- ests and motives of those seeking power
ions of the Prophet and members of the public through religion. Throughout human history,
challenged the Caliphs such as Abu Bakr and wars have been caused by human interests,
others indicates the empowerment of the com- motives and attitudes. More often than not, po-
munity rather than the power accumulated by litical power was the “legal” vehicle for waging
the Caliphs, as was the case in later times. war. It is political ideology that underpins com-
Some of the injunctions were never enforced, munalism, which, in turn, encourages the hu-
thus preserving the freedom of choice so as not man thirst for power and egotism.
to contradict the spirit of the Qur’an. For exam- Even the effective terms produced by Islam,
ple, people were not to be forced to contribute such as “brotherhood”, “Ummah”, etc., which
to the Public Treasury (bayt al‑māl) or attend were the early manifestation of political sociol-
the dawn (fajr) or other time’s prayer in congre- ogy, place the emphasis on society. The Say-
gation (jamā‘ah) at the mosque. These actions ings of the Prophet, such as “ ‫آﻠﻜﻢ راع وآﻠﻜﻢ ﻣﺴﺆول‬
were to be performed voluntarily out of convic- ‫[ ﻋﻦ رﻋﻴﺘﻪ‬Each one of you is responsible for him/
tion or through faith. It was these practices herself and for the community] and “ ‫اﻟﻨﺎس ﻣﺘﺴﺎوون‬
which provided the grounds for not imposing – ‫[ آﺄﺳﻨﺎن اﻟﻤﺸﻂ‬People are equal like the teeth of a
as some fuqahā’ saw it – the Shari‘ah on Mus- comb] were aimed at activating people and put-
lim society. ting a limit to the level of an individual’s power.
It was probably an early and very simplified ver-
Page 18 Islam21

sion of what we call today as a civil society. It enforce virtue and maintain social order. They
did not last long, however, for the use of relig- have a naively idealistic political vision, that as
ion for hard-line politics, as we understand it long as they ‘apply’ Islam, as long as they im-
today, was strongly apparent in the power- pose certain injunctions, then all their problems
struggle at the end of each Caliphate, particu- will be solved and their aspirations achieved.
larly that of the Umayyads and the Abbasids. As long as they are very religious, discarding
Power was shifted to satisfy personal ambitions the human aspect of society and trusting Allah
and agendas instead of being based on a col- alone, then all their dreams will come true. We
lective effort for the service of the community. are not given any details of the understanding
The Umayyads and Abbasids set the stage for of the dynamics of history, politics or human
the acquisition of political power by an individ- nature and the role of all these factors in the
ual or a clan with all the privileges and wealth workings of the human society.
that come with it. They even created new terms The dismantling of the Ottoman Empire (or
such as “sultan”, which is still in use today in the politics of Islam) in the mid-1920s in Turkey
the Muslim world. The Arabic word Sultān and the announcement of the political message
The example of the Prophet in Madinah by the Muslim Brotherhood in the late 1920s in
al‑Munawwara in establishing the Cove- Egypt was no coincidence. This was clearly a
nant of Madinah is clear enough: Islam reaction rather than an original act. In other
was not to be imposed on the other com- words, Islam was used as a tool to justify poli-
munities. Each community, according to tics rather than serving the society. It meant
Abu Ishaq, the first biographer of the that the state was to look after religion and so-
Prophet, was treated as an autonomous ciety was to adapt to the requirements of the
unit. By guaranteeing the rights and du- state. Islamization to suit today’s reality would
ties of the whole population, the Prophet follow the purification of Islam as envisioned in
created a very basic multi-cultural soci- the Middle Ages. All political institutions would
ety. undergo Islamization to give the government
the necessary legitimacy to rule.
(powerful) is derived from Sultah, which means
The Shari‘ah, in its medieval form and out-
“power”, that is, the sultans empower them-
look, would become the basis for enforcing
selves to safeguard their vested interests. This
“puritanical Islam”. Further, its ancient, and to
can be achieved only by disempowering the
the critics quite fossilized, rulings could be in-
Ummah (community) and by the use of oppres-
terpreted only by the fuqahā’ (jurists), the intel-
sion and violence, as has been documented
lectual elites of our civilisation who have in fact
throughout Islamic history, to keep possession
become social elites. Therefore, only the fu-
of that power. This situation has continued to
qahā’ would be the source of power to interpret
the present day, when the equation of state–
“God’s rule on Earth”. The absolutism of belief
society is totally in favour of those in power,
(‘aqīdah), as has already been seen, would be
and democracy and freedom are the exception
transformed into the absolutism of practice, al-
in the Arab/Muslim states. In today’s world,
lowing political power to enforce what would be
Muslims cannot revive the Caliphate and other
considered truth (haqq) or right, and forbid
early models, owing to the differences in inter-
what would be considered false (bātil) or
national relations and socio-economic condi-
wrong. This would later be transformed into the
tions, not to mention the immaturity of Muslim
absolutism of the social aspects of government,
society as well as its widespread illiteracy and
as clearly envisioned by Osama bin Laden, al-
general lack of education.
Zarqawi and others.
However, it begs the question whether the
Current Muslim Contradictions
transformation of social absolutism from one
state to another, that is, from dogma to politics
The model presented by the Islamic move- to social application, is as simple as the trans-
ments is based on a utopian political ideology, formation of solid matter into a gas or liquid in
whose components or tools are either ancient the natural world! The answer is obviously “No!”
or borrowed from other ideologies. It is the Such a simplistic view might well explain the
function of the Islamic state, they believe, to
www.Islam21.net Page 19

ignorance, contradiction and the prevalence of not be modified or changed, for it represents
senseless violence in the Muslim world. the Ultimate Truth as revealed to the Prophet.
There is also another question whether the When some of these Islamic movements
protection of the Revelation (shar‘a) or its prac- succeed in grabbing power, such as the Tali-
tice is the domain of the Shari‘ah or of the be- ban regime in Afghanistan, they are forced to
lief or faith (‘aqīdah). If the answer is ‘aqīdah, face the challenge and problems of a social
then there is no compulsion to impose religious reality, and the inadequacy of their slogan
rites and rituals on the population, as happens “Islam is the solution” is fully revealed to the
in some Muslim countries, where their enforce- whole world (2). To implement the idea behind
ment is the duty of the “Morality Police” or the this slogan would mean making Islam or the
“Guardians of the Faith”…etc. In their nature Holy Qur’an a manual of science, economics
and practice, these enforcement groups are no and strategy, which would be an insult to the
different from the agents of the Spanish Inquisi- Holy Book. The Qur’an is a book of moral guid-
tion or from Gestapo and other terrorist arms of ance and ethics for human conduct, as ex-
the modern totalitarian states. . plained above, not a manual of politics and
economic, or a handbook of strategy and labo-
Compulsion in religion can lead only to hypoc-
ratory research!
risy and confusion, and finally, to the rejection
of religion itself. Belief and faith can flourish “Islam is the solution” means that there are
only in a free environment. Forcing people into rules and regulations for everything. The inter--
accepting Islam is against the Message and pretation of this concept would require an enor-
logic of the Qur’an and the jurisprudence that mous effort by contemporary leading experts
was developed afterwards. The Qur’an states with the necessary technical, scientific, practi-
that human beings are free in this world to cal and Qur’anic knowledge. These experts
choose their religion, although they are re- would have to know these rules and regulations
sponsible for their actions and will have to an- or at least have the ability to derive them from
swer for them on the Day of Judgment. There- the Text so as to apply them to the modern so-
fore, it is impossible to have freedom without ciety. In addition, if there do exist such ‘Islamic’
responsibility. Freedom of choice in this world
will incur the appropriate obligatory con- Most of the Islamic movements have high-
sequences in the hereafter. Further, the stew- lighted the slogan “The Qur’an is our con-
ardship was granted to humankind as stated stitution”, which is a contradiction in
clearly in the holy Quran (2:30). If we reject terms, even if leave aside the legal confu-
this, there can be no freedom of choice. If we sion that this claim gives rise to. First,
deny the existence of the freedom of choice, these activists are equating the Qur’an
then how can we consider human beings to be (believed by Muslims to be a Divine Book)
responsible for their actions? and its text with the term “constitution”, a
concept created with the development of
The problem with the Islamic movements is political power in modern times.
that their political programmes have originated
in ideas and tools from the Middle Ages or rules and regulations for everything in this
other political systems and cultures. Most of the world, then what is the mission of humankind
Islamic movements have highlighted the slogan on earth? What remains for us to do as human-
“The Qur’an is our constitution”, which is a con- beings in this life? If there are rules and regula-
tradiction in terms, even if leave aside the legal tions for everything, as presumed by the sup-
confusion that this claim gives rise to. First, porters of this slogan, then human-beings must
these activists are equating the Qur’an apply them instinctively, or else they would be
(believed by Muslims to be a Divine Book) and behaving like robots, without thinking (3). This
its text with the term “constitution”, a concept provision would be against the spirit and con-
created with the development of political power tent of the Qur’an, which particularly empha-
in modern times. Second, a constitution is sizes reasoning as well as the concept of hu-
made by human beings and is subject to modi- man vicegerency on earth, as explained in
fication and change, whereas the text of the verse 2:30.
Qur’an, which Muslims believe to be holy, can-
Page 20 Islam21

There is a total lack of rationality and com- dated by elections. A modern state is a reflec-
mon-sense in Islamic politics, as revealed by tion of the time in which it is situated and its
the Sudanese model, owing to the absence of requirements, that is, it is inspired or motivated
political institutions and their role in implement- by the era. Hence, the First, Second…etc. Re-
ing the checks and balances required in the publics in France indicated a renewal at long
practice of politics. There is no concept of mod- intervals. The government itself, however, is a
ern management in a state of this kind and its reflection of the status quo or the current de-
governance of society. In Iran, there are not mands of the enfranchised population.
enough institutional checks and balances to
Due to human nature, the mere presence of
prevent suppression. The result is blatant viola-
Islamists in power does not guarantee the
tions of human rights as well as a restriction of
eradication of corruption or abuse of power,
freedom that prevents the reforms necessary
just because these rulers wear the Islamic
for growth and development.
mantel. Thus the need for institutional checks
In the minds of many Islamic movements, and balance to limit power and provide the re-
there is some confusion over or lack of under- quired transparency remains crucial even under
standing with respect to the meaning of politics an Islamic government.
and the political, or over the separation of the
The other area of confusion is that the Is-
state and the governmental, administrative in-
lamic state is based on the assumption that the
stitutions. Hizb al‑Tahrir, furthermore, believes
ruler is a judge or a jurist (faqīh) with superior
that it is the responsibility of every Muslim to
knowledge of the Islamic laws, and governance
establish the Caliphate. This system was actu-
is the mere application of these laws (4). How-
ally developed by men, although it is consid-
ever, throughout the world, governance means
ered by them to be “divinely ordained”, and
the management of people’s affairs and relies
therefore to be implemented by everyone as
on rationalization and the ruler’s freedom to
the only legitimate political system for the Mus-
manoeuvre, that is, give and take or wheeling
lims. We are not provided with the details of the
and dealing (5). The term “Islamic state” is new,
roles and functions of the new Caliphate, and
for it is no older than 100 years and was devel-
whether they are separate from the government
oped with the arrival of concepts such as the
or overlap and interchange with it. In addition,
nation-state.
this policy presents a challenge to Muslim com-
munities in the West, for Hizb al‑Tahrir whole- The politics of the Islamic state, such as
heartedly rejects the West and any talk about qawm or jama‘ah, is not enunciated by the
multiculturalism or integration (not assimilation) Qur’an, but elaborated by people with terms
becomes ludicrous! like the “Sovereignty of Allah” when they were
challenged by the onslaught of European colo-
State institutions in modern politics, as we
nialism. There are some who claim that Abu
understand them, are based on laws and a
Ala’a Mawdudi coined this expression, whereas
constitution and apply equally to all citizens,
others say that it existed even before his times.
including the rulers, or members of the govern-
Whatever the truth, the equating of Allah with
ment as understood today. The constitution
human ‘sovereigns’, like a king or an amir, is an
grants the government officials legitimacy for
insult to Divine Majesty (jalal). Beside, such a
their actions. There is a clear separation be-
view drains the concept of politics of its human
tween state administration and political activi-
dynamics and renders it almost abstract and
ties and the actions of consecutive govern-
non-political. In the past, it was justified in the
ments. The state cannot be the government or
name of the “Divine Right of the Kings”; today,
vice versa, for the state is static, whereas the
it is proclaimed in the name of ‘Allah’s Sover-
government is dynamic. Static and dynamic are
eignty’. But Allah’s Sovereignty on theoretical
used as relative terms in this context. A state is
and practical levels has to be translated by hu-
static in the sense that its institutions and the
mans in decision-making processes and the
people (such as civil servants) working for the
management of their governance.
state do not change every four or five years.
On the other hand, the members of the govern- The Muslim society is badly in need of theo-
ment and its ministries change with the arrival logical reforms: intellectual revival and a culture
of a new government every few years as man- of non-violence are necessary for its economic
www.Islam21.net Page 21

and political progress. Such a vision would con-


tribute to the development of a cohesive soci-
ety that could deal with its politics and assign a
proper role to religion in public life. The harmo-
nious marriage of the two could then create the
urgently needed new Muslim model that has
been sought for so long. This model should
limit the power of the ruler, while empowering
the Muslim society. It could take a variety of
forms, although it should include the aware-
ness of people’s rights and duties, the concept
of citizenship, freedom and democracy, and
modern education. Most importantly, in this age
of information, people should be equipped with
the tools and freedoms to acquire knowledge,
in other words, the ability to read. Let us re-
member that the first verse revealed to the
Prophet was “Iqra’!” [Read!].

Notes

1. Fath al‑Bārī, Ía°ī° al‑Bukhārī, Manāqib


Matn 3.
2. Najah Kadhim, Al-Arab: Bain Mathlade
al-Aslahand Fajwah te al-Afkar [The Ar-
abs: Between the Predicament of Reforms
and the Gap of Ideas] (Casablanca, Mo-
rocco, & Beirut: Arab Cultural Centre, in
press.
3. Najah Kadhim: Al Qwa’ Al Fahlah wa
Quran Al Qadim [Effective Powers in the
next Century] London: Al-Rafid Publish-
ers, 1994, p99
4. Abdelwhab El‑Affendi, “Iran: Islam,
Revolution and Reforms”. Seminar held
at the Abrar Islamic Foundation, London,
5 February 2004.
5. Ibid.

——————————————————-

Najah Kadhim is the Director of IFID


(International Forum for Islamic Dialogue)
and a Senior University Lecturer – London-
England.
Page 22 Islam21

State, Morality and Politics


Asghar Ali Engineer

Is Islam a political ideology or moral and spiri- state authority, it establishes itself through its
tual guidance? The answer depends on one’s own moral and spiritual force. People believe in
point of view. It has become commonplace to religion not because it is patronized by a state
assert that one cannot separate religion from but because its moral teachings appeal to the
politics in Islam. And hence one often talks of people. Those who believe in the necessity of
the Islamic state. However, this approach does establishing Islamic state indirectly believe that
not bear Qur’anic scrutiny. If one studies the Islam can be sustained only through state au-
Qur’an carefully, one does not find any mention thority and not by its own moral and spiritual
of the Islamic state in the holy Book. It was appeal.
sheer coincidence that a state emerged in Is-
lamic society almost during lifetime of the Holy Some people even argue that if there is no
Prophet. state, how shari’ah law can be enforced? For
them shari’ah law, in order to be enforced,
No religion comes in the world to establish a needs a state authority. There is an obvious
state. It appears to remove moral corruption flaw in the argument. There are millions of Mus-
and provide spiritual guidance. If a state had lims living as minority in countries like India,
been necessary to establish a religion, Allah U.K., USA, France, Germany, Canada, Switzer-
would have made it a universal rule and all land and so on. How about them then? Are
prophets would have established one. How they not Muslims? Do they not follow the
could then Islam be an exception? We do not shari’ah laws? In fact more Muslims today live
find any prophet in the Qur’an establishing a in minority than in Islamic states.
state. Only two prophets Daud and Suleman
(peace be upon them) are mentioned as kings The Qur’an strongly believes in the freedom of
and rulers. conscience and the real foundation of religion
rests on this doctrine of freedom of conscience.
In fact, except these two, all prophets men- A person can be truly moral only if his heart
tioned in the Qur’an come from among the and soul accept moral doctrines. Coercive
common people and were of humble origin. power can never make a person moral in the
They all faced persecution at the hands of pow- true sense of the word. Coercion leads to ha-
erful vested interests i.e. rulers like Nimrod or tred of the authority rather than to respect for
Pharaoh or leaders of the community who law. Respect for law can be inculcated only
found the prophets’ moral and spiritual teach- through awareness and moral education. Thus,
ings dangerous to their interests. All these it is not a sound argument that one cannot en-
prophets were severely persecuted by these force shari’ah without there being a state
vested interests, Nimrod persecuted Ibrahim agency. In fact the state is always seen as a
(A.S.), Pharaoh persecuted Musa (A.S.), and coercive agency. Also, there is absolutely no
Salih by his community leaders and guarantee that state actors will not be corrupt
Mohammad (PBUH) by the powerful and rich and will be always morally sound. Even history
tribal leaders of Mecca. of Islamic state in last 1400 years is nothing to
be proud of.
Throughout the Meccan period Muslims faced
severe persecution and the Prophet (PBUH) Whenever a powerful establishment like a state
bore insults, humiliations and physical persecu- establishment, based on power and wealth
tion with exemplary patience and fortitude. He comes into existence, there is struggle to con-
did not even curse his enemies. trol it and this obviously leads to struggle be-
tween various aspirants, resorting to fair and
Also, a religion can never be established by foul means. Even those who were close com-
www.Islam21.net Page 23

panion of the Prophet and morally upright and The Qur’an not only emphasizes freedom of
worthy of emulation, struggled among them- conscience in matters of deen but also exhorts
selves to control state machinery. Even blood- the Prophet (PBUH) not to act as a (musaytir)
shed could not be avoided and Muslims (88:22). Thus even the Prophet (PBUH) is only
plunged into civil war and more than 70,000 a moral guide, not a warden or supervisor. The
lives were lost. Prophet further is not required to perform state
function, let alone establish a state in order to
This was during the period of pious Caliphs. impose deen on anyone. Thus, not only the
During Umayyad and Abbasid periods things Qur’an does not refer to any concept of state, it
were far worse. State machinery was controlled does not recommend to Prophet to become a
by ambitious rulers who used all foul means musaytir.
conceivable to eliminate their competitors. Most
unscrupulous means were employed to obtain It should also be noted that Islam has spread in
or retain power. During the Umayyad period the world not due to any state machinery, but
only Umar bin Abdul Aziz was morally upright due to those who led pious and exemplary
and tried to follow the Islamic principles but lives. In fact at times the state became an im-
then he was poisoned by the vested interests. pediment to the spread of Islam. During the
Umayyad period when some enthusiastic
Yusuf bin Hajjaj was a great tyrant who con- preachers converted large number of people to
trolled Iraq during the Umayyad period. He Islam in Iran, it affected the state income as the
killed about one hundred thousand Muslims jizya amount was reduced. The Umayyad Ca-
and sent to jail half that number. The Umay- liph thus wrote to the Governor of the province
yad’s were overthrown by Abbasids resulting in to restrain the preachers from conversions as
a great bloodshed. So much blood was shed the state treasury was being adversely af-
that the leader of the Abbasid insurrection fected.
came to be known as Saffah i.e. one who
sheds a lot of blood. The Abbasids did not The Qur’an advises the people calling others to
spare even newborn Umayyad babies. the way of Allah to do so through good words
and wisdom (16:125). Thus it is certainly not for
The Rightly Guided Caliphs could not last for the state to organize da’wah. Its only function is
more than thirty years and three out of these to legislate in the interests of people and main-
rightly guided caliphs were assassinated. Thus tain law and order and provide impartial ma-
one can easily say that even pious caliphs chinery for justice.
found it very challenging to establish a just
state, a state which really could rule according Now some may, and many do, argue that the
to the moral and spiritual guidance of the state can only impose shari’ah law and cannot
Qur’an. And even if the ruler at the top is just legislate, as the shari’ah law is itself a divine
and scrupulous, there is no guarantee that peo- law. The state can only implement what is al-
ple around him will not be tempted to become ready given as DivineLaw. Thus some Islamic
corrupt in order to accumulate wealth and states follow only the shari’ah law and do not
power. legislate. But even Islamic jurists agree that it is
only the rules of ‘ibadat (rules pertaining to
In fact the whole history of the so called ‘Islamic arena of worship like prayers, zakat, haj, etc.)
State’ is a history of coercion and bloodshed. that cannot be changed. But those pertaining to
States never succeed in establishing morality mu’amalat i.e. interpersonal matters need
and spirituality in the society. Morality and spiri- changes from time to time. The law cannot re-
tuality can be imbibed only through inner an main stagnant in matters of mu’malat.
transformation which is possible only through
inner conviction. Thus it is conviction which is While principles and values cannot change, law
more fundamental in moral and spiritual mat- based on these principles and values should
ters than coercion. The state always represents keep pace with changing times. A law, for ex-
coercion, not conviction. ample, thought to be just at one period of time,
becomes unjust or oppressive, at another pe-
II riod of time. Thus justice is more important than
the law based on it. Many laws, which Islamic
Page 24 Islam21

jurists had thought to be quite just in respect to If you set up an Islamic state, it is the ‘ulama
women, are being thought to be unjust by who will control the state machinery in the
women today, who are demanding changes in name of imposing the shari’ah law. The elected
these laws. The case of hudud laws in Pakistan rulers, will have to fear them and ‘ulama, who
is the best example of this. are not accountable to the people, often rule by
proxy. Thus technically an Islamic state cannot
Today Islam is divided into several sects (and become truly democratic. In Iran, any law
this division is justified by our ‘ulama on the ba- passed by the parliament cannot become law
sis of a hadith ascribed to the Prophet that Is- unless approved and signed by the supreme
lam will be divided into 72 sects and only one faqih or by a council of fuqaha’ who will exam-
sect will be naji i.e. on right path) and every ine it from the point of view of shari’ah as com-
Muslim country has several of such sects in its piled in early Islamic period.
geographical boundaries. Each sect has its
own laws, its own shari’ah. Then the question The ‘ulama do not even allow any re-thinking of
arises, which of the various shari’ahs law may the shari’ah provisions in the light of new devel-
an Islamic state enforce? If the state follows the opments, as their interests can be protected
laws of one particular sect, other sects will be only if the shari’ah remains immutable. They do
coerced into following that law. Thus it will vio- not allow even to use the doctrine of ijtihad
late the principle of freedom of conscience. (creative interpretation) to make shari’ah law
more relevant to people’s lives. They go on in-
Also, any law imposed coercively will not bring sisting on laws that are no more relevant to
about real moral transformation which is the modern age. They even negate the true spirit of
the Qur’an which is the most dynamic book for
The Qur’an strongly believes in freedom guidance for any age.
of conscience and the real foundation of
religion rests on this doctrine of freedom The Qur’an stresses certain values as funda-
of conscience. A person can be truly mental, such as equality, truth, justice, compas-
moral only if his heart and soul accept sion, benevolence (ihsan), freedom of con-
moral doctrines. Coercive power can science and wisdom. All shari’ah laws should
never make a person moral in true sense be based on these values and, as pointed out
of the word. Coercion leads to hatred of above, these values are more important than
the authority rather than respect for law. any law, unless the law embodies these values.
Respect for law can be inculcated only Our shari’ah laws were undoubtedly quite pro-
through awareness and moral education. gressive when they were formulated by the
great jurists but in the contemporary world they
main purpose of the Islamic shari’ah. Only in need to be revisited.
the case of crime, the state should be permitted
to use coercion. Thus if someone steals, or Our ulama who control state power do not allow
rapes, he/she has to be punished, just as such shariah law to be revisited and that is why all
crimes need to be coercively prevented. Muslim countries which have proclaimed them-
selves to be Islamic states are stagnating in the
In all other matters, which pertain to moral and field of modern knowledge. There is not a sin-
spiritual elevation, coercion cannot be permit- gle Muslim country with an Islamic state which
ted. Islamic states are coercively imposing can boast of modern laboratories for the study
even dress code, particularly where women are of nuclear or atomic physics or other institutions
concerned. And this dress code is often cultural of higher learning. The Qur’an lays great stress
rather than religious. Such imposition has no on learning and even says that
meaning because these women, given a ‘scientists’ (‘ulama, not in traditional sense)
chance, will wear mini-skirts and one finds alone can understand this universe and praise
Saudi and Iranian women wearing even outra- its creator (see verses 3:190 and 35:28).
geous dresses in other countries. This defeats
the very purpose of shari’ah law. Shari’ah is not A Modern state cannot confine itself to tradi-
meant for coercion, but for moral transforma- tional knowledge but has to actively seek and
tion. promote modern knowledge and has to encour-
age excellence in all the fields of modern sci-
www.Islam21.net Page 25

ence. No country can play the leading role to- III


day without achieving such excellence in the In fact, Islamic state is not a deeni concept (i.e.
fields of modern natural and social sciences. pertaining to matters of faith) but a historical
An Islamic state is constrained by traditional construct. If one wants to understand how the
sciences and the whole stress in such states is concept of Islamic state evolved, one has to
on religious learning rather than on modern sci- look to history not to religious principles. I have
ence and technology. already thrown light on the Qur’anic values and
claimed that what the Qur’an aims at is a soci-
True religion can flourish only if there is free- ety based on these values, and not a state.
dom to choose and the state does not dictate
anything to its citizens. The more a person is When the Qur’an was being revealed in Mecca
free, the more he would be able to develop his and, also during the first few years in Madina,
religious and spiritual thoughts. If a state is en- there was nothing like a state structure. More-
cumbered by a particular sect or school of over in Mecca the Prophet (PBUH) and his fol-
thought, it will not grant freedom to other lowers were in small minority struggling to form
schools of thought. This is the dilemma of all a community (ummah), rather than a state. In
ideological states. Only a narrow interpretation Madina the situation changed somewhat in
of the ideology on which a state is based, is later years when the Prophet emerged as a su-
permitted and it is the official interpretation preme authority, not only in religious but also in
which prevails. This totally curbs freedom to secular matters. It was a historical, not religious
advance thought in the public realm. need.

Freedom of conscience is most fundamental for The whole emphasis of the Qur’an, even in the
true spiritual enterprise and for moral excel- Medinese period, is on prophethood, not on
lence. The Qur’an also requires all believers to
choose freely and to use power of reasoning No state can be run today with strong bi-
and intellect to reflect and make moral choices. ases for or against one particular religion
‘When angles argued with Allah, saying that we or a religious sect. Such a state run by im-
always pray to thee and thou art creating a hu- perfect human beings cannot be expected
man person who will defy thee. Allah replied to be impartial towards other religious
you do not know what I know and created the communities or towards other sects of the
first human being.’(2:30). same religious community. Even in Muslim
-majority countries a state, not based on a
What mainly distinguished human beings from single religious dogma, can be adminis-
angles was freedom of choice. Human beings tered properly. What is desirable is not an
can choose between good and evil, whereas Islamic state but a society based on the
angels have no such freedom. They have to Qur’anic values.
follow the good without any option, as they
have been created as such. Human beings, on kingship or being ruler. Even throughout the
the other hand, are free to choose, and yet, if Medinese revelations, Muhammad (PBUH) is
they choose to be good it makes them superior. referred to as prophet. Thus his pre-eminent
Thus it is freedom to choose which made them position was that of a prophet. He never raised
superior to angels. Hence, angels were asked any army or police or imposed any taxes.
to bow before Adam. Whenever Madina was attacked, people were
persuaded to volunteer themselves, and hence
Any ideological state does not allow such free- the emphasis on martyrdom (shahadat). Those
dom of choice. It is only the modern democratic who fought with the Prophet were not paid any-
state, unconstrained and unencumbered by thing; on the contrary they had to contribute
any religious dogmas, which can allow people weapons, camels and horses and other provi-
to choose and be morally superior. Human sions. Thus it was a purely voluntary force as
spirit demands freedom and only a free human long as the Prophet was alive. No state struc-
actor can be held responsible for his/her con- ture of any kind was evolved during the
duct. One cannot be a free moral agent in any Prophet’s lifetime. Zakat was also a religious
ideological state. obligation rather than a state tax. There were
no other employees of any kind.
Page 26 Islam21

It was only after the Prophet’s death that the State’ by any stretch of imagination. In modern
need for some kind of a rudimentary state was times and in a globalised world, societies are
felt. It is also important to note that the Prophet becoming more and more multi-religious and
(PBUH), unlike Jesus (Isa), was not born in a hence the best form of statehood can be the
society where there was a ruler. Jesus was one which is not concerned with this or that reli-
born under Roman rule. Thus he remained only gious dogmas but with the fundamental values
a prophet. Similarly Ibrahim and Moses were and people’s welfare.
also born under rulers like Nimrod and Pharaoh
and hence remained only as prophets. No state can be run today with strong biases
for or against one particular religion or a reli-
But the Prophet of Islam was born in a society gious sect. Such a state run by imperfect hu-
where there was no ruler, no state. It was pri- man beings cannot be expected to be impartial
marily a tribal society and hence once a reli- towards other religious communities, or to-
gious community came into existence, it wards other sects of the same religious com-
needed some kind of ruling authority to main- munity. Even in the Muslim-majority countries,
tain law and order. Consequently, all four pious a state, not based on a single religious dogma,
caliphs ruled through mutual consultation. It can be administered properly. What is desirable
was a loosely structured state authority which is not an Islamic state but a society based on
had the function of maintaining law and order in the Qur’anic values.
the society and this need increased as non-
Arab foreign lands were conquered. ————————————————————-

Many non-Arabs, who came under Muslim au-


thority, were neither formally converted to Islam Asghar Ali Engineer is a renowned
nor did they accept some form of Islamic moral- scholar, Director for the Centre of Study of
ity. Thus with these conquests a proper state Society and Secularism (CSSS)" ,Mumbai,
authority became a must. During the reign of India
Umar, the second Caliph, when foreign lands
began to be conquered, there arose some kind
of a state structure with the trappings of a paid
army and police force. It was no longer possible
to work with voluntary services now Thus, the
caliph Umar set up an army register (he took it
over from Iran) and also shurta (police) and
even market inspectors.

The four rightly guided Caliphs tried their best


to keep the character of state as non-coercive
as possible but with the seizure of power by
Mu’awiyah, the state really became more of a
coercive apparatus mainly concerned with po-
litical power rather than creating a moral, value-
based society. The Prophet’s (PBUH) whole
efforts were directed at creating a value-based
society rather than controlling political power.
The four Caliphs tried to maintain this tradition
but the Umayyads were mainly concerned with
political power, and not with the quality of the
society.

The Islamic world thereafter never saw a period


where the main concern was creating a moral
society. On the contrary, it was to capture and
retain power for one’s own dynasty. Such
states cannot be characterized as ‘Islamic
www.Islam21.net Page 27

Activities of IFID

MCP workshop Bahrain-August 2006

MCP workshop Cairo-Egypt-August 2006


International Forum for Islamic Dialogue

INTERNATIONAL
FORUM FOR
The International Forum for Islamic Dialogue (IFID)
ISLAMIC IFID was established in 1994 as a UK enlightened and liberal Muslim de-
DIALOGUE based non-profit organization. It is an mocrats in propagating a modern
(IFID) independent voice calling for an understanding of Islam and it’s val-
enlightened and modern understand- ues, focusing on human rights, de-
Mailing address: ing of Islam. We believe that Muslim mocracy, pluralism, non-violence,
democrats can potentially become a civil rights, modern institutions and
BM Box 5856
London WCIN3XX stabilizing and a constructive force in in identifying future trends and
United Kingdom developing institutions, modernizing strategies.
Muslim societies and playing their full
Phone: : (+44) 20 7724 6260 role in world peace. The key to a bet- IFID Objectives:
ter future for Muslim nations lies in 1. The "Friday Note" - whereby,
developing interpretations of Islam, concise articles, by known Muslim
Email: Muslim thought and attitudes that are writers from a number of countries,
inquiry@islam21.net
compatible with the contemporary address contemporary Muslims
world. concerns. These are emailed on
IFID was founded by Dr Laith Kubba, Fridays, to our online community.
who served as it’s first executive di- Each year a collection of these arti-
rector (1994 to 1998). He was suc- cles are published in book form.
ceeded by Dr Mansoor Al-Jamri. 2. T o i m p r o v e a n d u p d a t e
IFID’s current director is Dr Najah "Islam21.net" Web site.
We are on the Web
Kadhim. 3. To produce an "educational
guide", catering to the needs of
www.islam21.net IFID aims to: Muslims, that is modern, scientific,
1. Identify, encourage and introduce and flexible - to be used by teach-
new, enlightened Muslim writers to ers of religion and by Imams.
engage in debate and discussion 4. To publish the quarterly "Islam21"
on key Islamic issues and establish journal, focusing on specific
a network for the sharing of ideas themes.
and experiences on the challenges 5. To host Seminars, addressing
faced by Muslims today. specific topics relevant to current
2. Initiate innovative ideas that pro- Muslim reality and to publish and
voke contemporary Islamic thought circulate them to individuals and
and generate much needed debate organizations.
and dialogue. 6. To publish the quarterly Islam21
3. Assist and strengthen the efforts of Youth, focusing on Muslim Iden-
tity from a youth perspective.

MCP workshop Basra-Iraq-July 2006

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