By Abdullahi Ahmed An-Na`im
What may be where of Shari‘a—Islamic non secular law—in predominantly Muslim societies of the area? during this formidable and topical booklet, a Muslim student and human rights activist envisions a good and sustainable function for Shari‘a, in line with a profound rethinking of the connection among faith and the secular country in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a via the country betrays the Qur’an’s insistence on voluntary recognition of Islam. simply because the kingdom can be safe from the misuse of non secular authority, Shari‘a will be free of the keep watch over of the country. kingdom regulations or laws has to be according to civic purposes obtainable to electorate of all religions. exhibiting that through the historical past of Islam, Islam and the kingdom have quite often been separate, An-Na‘im continues that rules of human rights and citizenship are extra in keeping with Islamic ideas than with claims of a supposedly Islamic country to implement Shari‘a. actually, he indicates, the very concept of an “Islamic country” is predicated on eu rules of nation and legislations, and never Shari‘a or the Islamic culture. daring, pragmatic, and deeply rooted in Islamic historical past and theology, Islam and the Secular nation deals a possible destiny for where of Shari‘a in Muslim societies. (20080621)
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Additional info for Islam and the Secular State: Negotiating the Future of Shari a
At the same time, that discourse cannot emerge or be effective without the security and stability provided by the secular state. CHAPTER 2 Islam, the State, and Politics in Historical Perspective The main purpose of this chapter is to show that my proposal for a secular state is more consistent with Islamic history than is the socalled Islamic state model proposed by some Muslims since the second quarter of the twentieth century. An overview of various states or regimes that ruled Islamic societies for many centuries should also help to dispel any romantic notions about Islamic states and pious rulers.
That is, the right to self-determination presupposes a constitutional basis that is derived from the collective will of the totality of the population and can be asserted against other countries because it is accepted as a fundamental principle of international law. The paradox of separation of religion and state despite the connection of religion and politics can only be mediated through practice over time, rather than completely resolved by theoretical analysis or stipulation. This means that the question is how to create the most conducive conditions for this mediation to continue in a constructive fashion, instead of hoping to resolve the paradox once and for all.
For instance, it is obviously reasonable to limit freedom of speech to protect the rights of others—for instance, freedom of speech does not mean that one can shout “ﬁre” in a crowded theater—or to defame the reputation of other people. The principle of secularism, as I am deﬁning it here, includes a public role for religion in inﬂuencing public policy and legislation, subject to the requirement of civic reason. This acknowledgment of the public role of religion can encourage and facilitate debate and dissent within religious traditions, which can overcome religion-based objections to equality for women.
Islam and the Secular State: Negotiating the Future of Shari a by Abdullahi Ahmed An-Na`im