Political System of a Modern Islamic State?

Bret Hawk

Senator (1k+ posts)
Its a long running and somewhat complex debate ever since the end of the Caliphate of Ottomans in 1924 and I would like to initiate this debate here on this forum now from the honorable members of this political blog. We all can debate on this complex issues and try to discover the disparate dimensions of this question and would also try to achieve the following questions;


1) Does the modern concept of western democracy fits in as a polity of a modern Islamic state?

2) Does the concept of Rashidun Khilafah (The righteous caliphate) can recur and if its possible than what would be its shape in modern era?

3) Do the concepts of liberalism and secularism be adopted in the modern Islamic state?

4) What would be the overall objective of that Islamic state, whenever the possibility of its inception would take place in the near or distant future?

5) Does the theocratic model of the medieval era can be applied in this current era on that ideal Islamic state or it would be rejected in totality?

6) What would be the method of Ijtihad (The intellectual Effort) in that proposed new political systems of that modern Islamic state and who would be the proponents of that practice of Ijtihad?



Note:

I would try to play the role of a Devils Advocate on the replies of the honorable members of this forum in order to discuss this highly important and complex issue so that we can evolve a consensus, if possible, in the advocation of a suitable political system of the future Islamic state which can serve as a profound model for the rest of the non-Muslim world where communal, social and economic justice can prevail according to the divine and eternal message of Islam and would try to show them that how much filth ridden, corrupt and regressive their own systems are.
 

babadeena

Minister (2k+ posts)
Bret Hawk,

Before taking your points one by one, please care to define:

Political System

What will be the definition of "Politics", or which is the definition which
is according to your ow view?

Modern Islamic State

What you mean by the word "Modern". This is very elusive word. A state is
either "Islamic" or "unislamic" , it is either in "true spirt" or in "hypocritical way"
(Wine Halal and Pork Haram concept).

So before going into debate, let us define certain terminologies to be used.
 

Bret Hawk

Senator (1k+ posts)
@ Babadeena and Others


I have to stick to the standard etymology of this word Politics here which comes from the Greeks root word of Polis meaning City-State. The derivate Greek word of Polis is Politikos which encompasses the matters related to the state / city affairs. In Latin this Politikos of Greek diction became Politicus and in the Middle English thus we have got this word Politics. Im going to produce a tract of Lincoln Allison on the topic of Politics in the Political Dictionary for further elaboration;

As a general concept, the practice of the art or science of directing and administrating states or other political units. However, the definition of politics is highly, perhaps essentially, contested. There is considerable disagreement on which aspects of social life are to be considered political. At one extreme, many (notably, but not only, feminists) assert that the personal is political, meaning that the essential characteristics of political life can be found in any relationship, such as that between a man and a woman. Popular usage, however, suggests a much narrower domain for politics: it is often assumed that politics only occurs at the level of government and the state and must involve party competition. In the sense developed in Bernard Crick's In Defence of Politics, the phenomenon of politics is very limited in time and space to certain kinds of relatively liberal, pluralistic societies which allow relatively open debate.

To say that an area of activity, like sport, the arts, or family life is not part of politics, or is nothing to do with politics, is to make a particular kind of political point about it, principally that it is not to be discussed on whatever is currently regarded as the political agenda. Keeping matters off the political agenda can, of course, be a very effective way of dealing with them in one's own interests.

The traditional definition of politics, the art and science of government, offers no constraint on its application since there has never been a consensus on which activities count as government. Is government confined to the state? Does it not also take place in church, guild, estate, and family?

There are two fundamental test questions we can apply to the concept of politics. First, do creatures other than human beings have politics? Second, can there be societies without politics? From classical times onward there have been some writers who thought that other creatures did have politics: in the mid-seventeenth century Purchas was referring to bees as the political flying-insects. Equally there have been attemptsbefore and since More coined the termto posit utopian societies with no politics. The implication is usually (Utopia means nowhere) that such a society is conceivable, but not practically possible.

A modern mainstream view might be: politics applies only to human beings, or at least to those beings which can communicate symbolically and thus make statements, invoke principles, argue, and disagree. Politics occurs where people disagree about the distribution of reasons and have at least some procedures for the resolution of such disagreements. It is thus not present in the state of nature where people make war on each other in their own interests, shouting, as it were, I will have that rather than I have a right to that. It is also absent in other cases, where there is a monolithic and complete agreement on the rights and duties in a society. Of course, it can be objected that this definition makes the presence or absence of politics dependent on a contingent feature of consciousness, the question of whether people accept the existing rules. If one accepts notions of latent disagreement, there is, again, no limit to the political domain.


And finally what do I mean by the Modern Islamic State I think again I have to reproduce an excellent article of Nazih N. Ayubi, Nader Hashemi, Emran Qureshi appeared in the Oxford Encyclopedia of The Islamic World, which also sketches some of the past and present features of the Islamic states and the recurrent themes which was and still is prevalent in the current sphere of Muslim Political scientists;



Islamic State
Although the original Islamic sources (the Qur??n and the Had?ths) have very little to say on matters of government and the state, the first issue to confront the Muslim community immediately after the death of its formative leader, the Prophet Mu?ammad, in 632 C.E. was in fact the problem of government and how to select a successor, khal?fah (caliph), to the Prophet. From the start, therefore, Muslims had to innovate and to improvise with regard to the form and nature of government. The first disagreements that emerged within the Muslim community, which led to the eventual division of Islam into Sunn?s, Khaw?rij, Sh???s, and other sects, were undeniably concerned with politics. But theorizing about politics was very much delayed, and most works of Islamic political literature seem to have emerged when the political realities that they addressed were on the decline.


Historical Islamic States.
Islam is indeed a religion of collective morals, but it contains little that is specifically politicalthat is, the original Islamic sources rarely convey much on how to form states, run governments, and manage organizations. If the rulers of the historical Islamic states were also spiritual leaders of their communities, this was not because Islam required the im?m (religious leader) to be also a political ruler, but becauseon the contraryIslam had spread in regions where the modes of production tended to be control-based and where the state had always played a crucial economic and social role. The monopoly of a certain religion had always been one of the state?'s usual instruments for ensuring ideological hegemony, and the historical Islamic state was heir to this tradition.

The main piece of political literature inherited from the Mu?ammadan period is al-?a??fah, the document often known as the constitution of Medina, the text of which is attributed mostly to the hijrah episode of 622 to 624 C.E. This constitution speaks of the believers as forming one ummah (community), which also includes the Jews of Medina. Although composed of tribes, each of which is responsible for the conduct of its members, the ummah as a whole is to act collectively in enforcing social order and security and in confronting enemies in times of war and peace.

Given the limited nature of political stipulations in the Qur??n and the ?ad?ths, Muslims have had to borrow and to improvise in developing their political systems. These systems, however, have been inspired by shar??ah (Islamic law), as represented in the Qur??n and the sunnah; by Arabian tribal traditions; and by the political heritage of the lands Muslims conquered, especially the Persian and Byzantine traditions. The influence of the first source was more noticeable during the era of the first four r?shid?n (rightly guided) caliphs (632661 C.E.), the second during the Umayyad dynasty (661750 C.E.), and the third during the ?Abb?sid (7491258 C.E.) and Ottoman (12811922 C.E.) dynasties.

Muslims had indeed been state builders, in the practical sense, in such fields as military expansion, government arrangements, and administrative techniquesin this respect they probably preceded Europeans. But these were not really states in the modern sense of the term: they were externally imperial systems, and internally dynastic systems, akin to many other ancient and medieval systems that are normally distinguished from the modern state. Since the state is a Western concept, representing a European phenomenon that developed between the sixteenth and twentieth centuries in relation to various factors including the Renaissance and the growth of capitalism and individualism, it is natural not to find such a concept in Islamic thought prior to the modern era. However, Islamic political thought did have much to say about the body politic and, of course, about rulers and governments: this, when examined and reconstructed, can give us an understanding of what is the closest thing to the concept of the state in traditional Islamic thinking. If the concept of the state in Europe cannot be understood in isolation from the concepts of individualism, liberty, and law, the Islamic concept of the body politic cannot be understood in isolation from the concepts of jam??ah or ummah (the group or the community), ?adl or ?ad?lah (justice or fairness), and qiy?dah or im?mah (leadership). Basically, the category of politics in traditional Islamic thought is a classification of types of statesmanship, not types of state; it pertains to the problem of government and especially to the conduct of the ruler, not to the polity as a social reality or to the state as a generic category or legal abstraction.

Islamic political theory took shape subsequent to the historical development that it addressed, and indeed most major political concepts did not develop except during periods when the political institutions about which they were theorizing were in decline. Thus, for example, the caliphate theory goes back to the period of the deterioration of the caliphate as an institution during the ?Abb?sid dynasty, the appearance of more than one caliph in several Muslim cities (i.e., the division of the Islamic ummah), and the growth of opposition movements of Sh???s, Khaw?rij, Mu?tazil?s, Ikhw?n al-?af??, and others, against the Sunn? ruler in Baghdad. Indeed, the caliphate theory was mainly a Sunn? refutation of the arguments put forward by the escalating opposition movements (including the Sh???), and it represented a quest for the ideal, not a positive description of what was actually there. It was only with the process of tadw?n (inscription and registration) in the middle of the ninth century that writings on the caliphate emerged, first among the Sh???s, then by way of reaction among the Sunn?s, but most particularly after Mu?ammad ibn Idr?s al-Sh?fi?? (d. 820 C.E.), a founder of one of the four legal schools, had specified the methodological rules of Sunn? thought and had enumerated the sanctioned sources of shar??ah: the Qur??n, the sunnah, ijm?? (consensus of the learned), and q?y?s (reasoning by analogy).


Juridical Theory of the State.
A brief examination of the main propositions of the juristic theory of the caliphate is helpful here, starting with the issue of legitimacy. Initially, Ab? Bakr and ?Umar, the first two rightly guided caliphs, had emphasized the aspect of legitimacy by resorting as much as possible to the nomadic-inspired tripartite principle of sh?r? (inner consultation), ?aqd (ruler-ruled contract), and bay?ah (oath of allegiance). This method was used in the appointment of their successor, ?Uthm?n. Gradually, however, sh?r? was overlooked, then ?aqd and bay?ah were also dropped with the establishment by the Umayyads of a hereditary, semi-aristocratic monarchy. During the ?Abb?sid era, the contradiction between the legitimacy of government and the unity of the ummah came to the fore. A?mad ibn ?anbal (d. 855 C.E.), founder of the ?anbal? school of law, established a precedent by opting for unity of the community over legitimacy of government in case the two were irreconcilable.

From then on, the emphasis in the juridical theory was on the authority of the caliph as a political symbol and the unity of the jam??ah as a human base. The classical writings of Ab? al-?asan al-M?ward? (d. 1058 C.E.) and Ab? Ya?l? al-Farr?? (d. 1066 C.E.) are illustrative of such an emphasis. Later on, when the authority of the leader and the unity of the community ceased to be intact and absolute, the emphasis, as in the work of Taq? al-D?n ibn Taym?yah (d. 1328 C.E.), was to shift to shar??ah as a basis for ideological unity, since political and human unity were no longer obtainable. From the twelfth century onward, the main realistic source of legitimacy for the regional dynasties might have become the defending of Muslim lands militarily against invaders, whether Crusaders, Mongols, or Latins. This might have given the regional sultanic dynasties a new type of legitimacy for as long as they could confront foreign enemies and keep them at bay.

Writings on the caliphate by such jurists as al-M?ward?, al-Farr??, and ?Al? ibn ?azm (d. 1064 C.E.) are concerned mainly with the caliphhis qualifications and traits. Rights are classified mainly into those of the im?m and those of the ummah. There is very little written on the rights of the individual. Even Ibn Taym?yah, who subtitled one of his major works F? ?uq?q al-r??? wa al-ra??yah (On the rights of the ruler and the subjects), speaks only of civil individual rights over one?'s life and possessions and does not mention public or political rights of any sort. The subject of individual rights and the related subject of liberty receive very little attention from the jurists. This has indeed been the case until well into the nineteenth century: the Arabic concept of liberty has usually implied authenticity and lack of bondage and has almost no political connotation. When explaining the French notion of political freedom (?urr?yah) to his nineteenth-century readers, the al-Azhar scholar Rif??ah R?fi? al-?ah??w? (18011873 C.E.) was obliged to liken it to the Arab-Islamic concept of al-?adl wa al-in??f (justice and equity).

The Sh??? jurists were in a somewhat different position, since many Sh???s had to take office under Sunn? rulers. The Sh???s held that all government in the absence of the twelfth Sh??? im?m, who is believed to have gone into occulation, was usurped, and so they were not concerned to legitimize the authority of government given this belief and their minority status. Their concern was to justify dealings between their followers and the government and to allow some degree of participation by Sh???s in public affairs. Unlike the Sunn?s, Sh??? jurists did not strive to impart legitimacy to government in favor of stability; rather, by having recourse to taq?yah (concealment of belief in adverse conditions), they were able to cooperate for specific purposes with the holders of power while refusing to accept any responsibility for the existence of an unjust governmentthis was, in other words, a de facto recognition of political authority rather than de jure legitimization. The Sunn?s therefore ended up legitimizing government power, and the Sh???s evaded the issuebut in both cases, the end result was popular acquiescence and political quietism. Because the Sh???s were not politically dominant for much of the time and because they adopted the concept that all government in the absence of the twelfth im?m was usurpatory, their jurists had much more leeway in the condoning or condemning of specific rulers.

In the Sunn? tradition, however, which merged spiritual im?mah with political leadership (im?rah; mulk) in the institution of the caliphate, it was not easy to incite disobedience against the usurping or unjust ruler and still remain firmly within the tradition. To resist government one had to resort either to open militancy or to spiritualistic disdain. In the first case, the group was subjected to unrelenting war from the state; in the second case, the individual was often subjected to a torturous ordeal. The Sunn? juridical theory of the Islamic state was obsessed with an attempt at rescuing the community from its unhappy destiny by overemphasizing its presumed religious character. It pictured a utopian ideal of how things should be in a sort of pious polity (mad?nah f??ilah) far more than it described how things were in reality. The theory of the Islamic state was in fact little more than elaborate fiqh (jurisprudence) presented as though it were pure shar??ah. But as this fiction was elaborated on and repeated over time, in volume after volume, it came to represent to subsequent generations not simply an ideal that should be aspired to, but a reality that is believed to have existedhistory is read into the fiqh (which was prescribed by the jurists) and is then taken to be a description of what things were like in reality. Hence the continued political potential (and even power) of that fiqh-cum-shar??ah, especially among the contemporary militant movements.

Political authority was understood within this jurisprudence as the instrument through which the application of the main tenets of the divine message is overseen. Sovereignty is not therefore for the ruler or for the clergy, but for the Word of God as embodied in shar??ah. The ideal Islamic state is therefore not an autocracy or a theocracy, but rather a nomocracy, or government ruled by law. The state is perceived merely as a vehicle for achieving security and order in ways conducive to Muslims attending to their religious duties, which are to enjoin good and to prevent evil (al-amr bi al-ma?r?f wa al-nahy ?an al-munkar). Legislation is not really a function of the state, for the (divine) law precedes the state and is not one of its products. The legal process is confined to deducing detailed rules and a?k?m (judgments) from the broader tenets of shar??ah. A certain element of equilibrium and balance is presumed among three powers: the caliph as guardian of the community and the faith; the ?ulam?? (religious scholars) involved in the function of rendering ift?? (religio-legal advice); and the judges who settle disputes according to qa??? (religious laws).


The social functions of the state are the subject of very little attention. The concept of tadb?r (administration; management; possibly economy) is sometimes invoked, and the caliph is likened to a shepherd attending to his flock, but this is less typical of the juridical writings. The concept of siy?sah (politics) itself was originally used in the sense of dealing with livestock; its usage with regard to humans implies having to persuade or coerce the presumably less wise and capable. The leader in such a case must possess a certain clout (shawkah; lit., power) in order to secure obedience. The main function of the state in juridical Islamic writings is really ideological: the state is an expression of a militant cultural mission that is religious in character and universalist in orientation. The state has no cultural autonomy from the society; it has an emphasized moral content that does not recognize any separation between private and public ethics and which accepts no physical or ethnic boundariesits civilizational target is the entire world.

Although external conquests slowed in the ?Abb?sid period, the universalist ideal came nearer to realization through a process of internal islamization with the opening up of the non-Arab communities. The state became less ethnically derived and more abstract and autonomous through the creation of a regular army and differentiated administrative and financial institutions, while maintaining a cosmopolitan but broadly Islamic character. Gradually, an Islamic political theory would be elaborated, premised on the principle of obedience to the ruler and the necessity of avoiding civil strife. This theory would gradually owe less and less to the nomadic egalitarian ethos and would become increasingly orientalized. From Iranian culture in particular the concept was borrowed of a whole cosmology in which everything is arranged in a certain order, governed by a universal principle of hierarchy: a hierarchy of things, of organs, of individuals and groups. Everyone has a proper station and rank in a stable and happy order, with the caliph/king standing at the top of the social pyramid. His authority is made to sound almost divine (he is now the successor of Godnot of Mu?ammadon earth), and opposition to him, bringing strife to the Islamic community, is made to sound tantamount to downright blasphemy. And so it continued until the end of the eighteenth century.


Modern Intellectual Contributions.
It is possible to say that up to the beginning of the nineteenth century Muslims thought of politics in terms of the ummah (a term originally connoting any ethnic or religious community but eventually becoming nearly synonymous with the universal Islamic community) and of a caliphate or a sultanate (i.e., government or rule of a more religious or a more political character, respectively). A concept of the state that might link the community and the government was not to develop until later on. The term dawlah (used today to connote state in the European sense) existed in the Qur??n and was indeed used by medieval Muslim authors. However, in its verbal form, the word originally meant to turn, rotate, or alternate. In the ?Abb?sid and subsequent periods, it was often used to describe fortunes, vicissitudes, or ups and downs (e.g., d?lat dawlatuhu; his days have passed). Gradually the word came to mean dynasty, and then, very recently, state. Al-?ah??w? paved the way for a territorial, rather than a purely communal, concept of the polity when he emphasized the idea of wa?an (or fatherland, as expressed in the French, German, and Russian words patrie, Vaterland, and rodina). Nonetheless he could not break away completely from the (religious) ummah concept, nor did he call for a national state in the secular European sense. According to Bernard Lewis, the first time that the term dawlah (Tk., devlet) appears in its modern meaning of state, as distinct from dynasty and government, is in a Turkish memorandum of about 1837.

Islamic thinkers, however, were in no hurry to espouse this new concept of the state. This was because the modern Middle East state system did not emerge until after World War I. Jam?l al-D?n al-Afgh?n? (18391897) and Mu?ammad ?Abduh (18491905), therefore, still spoke in terms of the Islamic ummah and its tight bond (al-?urwat al-wuthq?) and of the Islamic ruler and his good conduct. ?Abd al-Ra?m?n al-Kaw?kib? (18541902) went a step further by talking about the Islamic league (al-j?mi?ah al-Isl?m?yah) as a religious bond. He used the term ummah not in an exclusively religious but sometimes in an ethnic sense and the term wa?an when he spoke of what united Muslim with non-Muslim Arabs. He also distinguished between the politics and administration of religion (al-d?n) and the politics and administration of the kingdom (al-mulk), saying that in the history of Islam the two had only united during the r?shid?n era and that of Caliph ?Umar ibn ?Abd al-?Az?z (r. 717720 C.E.).

The modern concept of the Islamic state emerged as a reaction and response to the demise of the last caliphate in Turkey in 1924. Mu?ammad Rash?d Ri?? (18651935) started the move in that direction when, as a protest against the Turkish decision after World War I to turn the caliphate into a purely spiritual authority, he published his book Caliphate (al-Khil?fah) or Grand Imamate, in which he argued that the caliphate had always been, and should continue to be, a combination of spiritual and temporal authority. He called for an Arab khil?fat ?ur?rah (caliphate of necessity or urgency) and maintained that this would give both Muslim and non-Muslim Arabs a state of their own.

The well-known dictum about Islam being a religion and a state (al-Isl?m d?n wa dawlah) owes its origins to the alarmed reaction in Muslim circles to the final abolition of the caliphate at a time when most Muslim communities were suffering from territorial division under the impact of European colonialism. In 1925, the al-Azhar shaykh, ?Al? ?Abd al-R?ziq (18881966) published his most controversial book, al-Isl?m wa u??l al-?ukm (Islam and the principles of governance), in which he argued that Islam was a message not a government: a religion not a state. Although there had been earlier indications of this idea (such as in the writings of the Syrian ?Abd al-?am?d al-Zahr?w? [18711916]) the unambiguous, hard-hitting style of ?Abd al-R?ziq?'s book was unprecedented and provoked a vigorous reaction and an extremely heated debate that reverberates to this day.

?Abd al-Razz?q al-Sanh?r? (18951971) (the distinguished jurist who later codified Egyptian, Iraqi, and other Arab civil laws in a modernized form combining shar??ah and European principles) could hardly ignore the controversy over the abolition. In his book Le Califat (Paris, 1926) he called for a new caliphate to preside over a general assembly composed of delegations from all Muslim countries and communities. Although ?al-Sanh?r? was almost a secularist (or only a cultural Islamist), the contemporary writer Mu?ammad Sa??d al-?Ashm?w? credits him with having coined the phrase al-Isl?m d?n wa dawlah in an article published in 1929.

The intellectual evolution of the concept of al-Isl?m d?n wa dawlah took another step forward about a decade later. The political context was marked by British colonialism and the Indian-Pakistani writer Ab? al-A?l? Mawd?d? (19031979) was its major proponent. Indian Muslims had indeed reacted most vociferously to the demise of the Ottoman caliphate by, among other things, forming the Khil?fat movement. Partly the product of a siege mentality, most of Mawd?d??'s political ideas were developed in India in the turbulent period between 1937 and 1941. But whereas many saw the emergence of Pakistan as grounds for optimism, what Mawd?d? wanted was not a Muslim state but an Islamic state, an ideological state run only by true believers on the basis of the Qur??n and sunnah. Consequently, Mawd?d? directed much of his writing against nationalism and against democracy, because he believed that either or both would result in a non-Muslim government. A particular idea that would be widely echoed was his Khaw?rij-inspired concept that al-??kim?yah (total absolute sovereignty) should be for God alone, not for law and not for the people. Also influential was his emphasis on the Khaw?rijIbn Taym?yah concept that what makes a Muslim is not simply acceptance of the credo (al-shah?datayn) that there is no god but God and that Mu?ammad is his Prophet, but rather active involvement in enforcing the Islamic moral order on the legislative, political, and economic affairs of the society. He was also prominent in agitating against the Pakistani A?mad? Muslim minority, and authored a polemic against them entitled The Q?di?n? Problem.

?asan al-Bann? (19061949), who founded the Muslim Brotherhood in Egypt in 1928, appeared to arrive at similar if less-sweeping conclusions about a decade after the movement?'s formation. From a moralistic and social emphasis, al-Bann? began to move in a political direction and to speak in his Tracts (Cairo, n.d.) of an Islamic nationalism that is far superior to any local nationalism. In line with the Islamic distaste for a?z?b (parties), connoting division not unity, he denied that the Muslim Brotherhood was a political party, but he admitted that politics on the foundation of Islam is at the heart of our idea. To him Islam was everything: a belief and a form of worship, a fatherland and a nationality, a religion and a state, spirituality and action, a book and a sword. Such a formulation becomes even more extreme with his fellow Muslim Brother ?Abd al-Q?dir ?Awdah (d. 1954), according to whom Islam is also a religion and a state. The two are so blended that they cannot be distinguished: the state in Islam has become the religion, and religion in Islam has become the state. And just as religion is [the first] part of Islam, so is government the second partindeed it is the more important part.

Sayyid Qu?b (19061966), another member of the Muslim Brotherhood, has been a most influential figure for contemporary political Islamists. Arrested with other Muslim Brotherhood leaders following a major confrontation with Egyptian president Gamal Abdel Nasser in 1954 and sentenced to hard labor, he produced much of his politically relevant literature in the harsh conditions of imprisonment. The key concept in this discourse (especially as it appears in Signposts on the road [1964]) is undoubtedly that of j?hil?yah, total pagan ignorance. Inspired partly by Ibn Taym?yah but particularly by Mawd?d?, Qu?b gave this concept a universal validity to cover all contemporary societies, including Muslim ones. To counter this sad state, the concept of ??kim?yah must be adopted in order to revolt fully against human rulership in all its shapes and forms destroy the kingdom of man to establish the kingdom of God on earth and cancel human laws to establish the supremacy of Divine law alone.

To achieve this goal, the jam??ah (an organic, dynamic community inspired by the early companions of the Prophet) should be reformed in isolation from all polluting influences and according to a purely Islamic method and culture (minh?j Isl?m?) that is purged of any non-Islamic influences, such as those of patriotism and nationalism. Through jih?d (struggle) and not through mere teaching and preaching, such a group will be able to establish the kingdom of God on earth. It is only after establishing such a new Islamic order, and not before, that one should worry about the detailed laws and systems of its government. Such radical ideas have since guided several of the militant Islamic groups such as al-Qa?ida; groups that have set themselves the task of confronting the existing secularist states, which they find both alien in their spirit and ineffectual in their performance.

The one theory on the Islamic state that was to have the most direct impact on actual government was, perhaps ironically, that of Ayatollah Ruhollah Khomeini of Iran (19021989). Khomeini?'s most daring contribution to the modern debate on the Islamic state was his idea that the essence of such a state was not so much its compliance with religious laws as it was the special quality of its leadership. Muslims do not necessarily have to wait indefinitely for the return of the twelfth im?m (as in conventional Sh??? teaching) in order to have a just government: an Islamic state can be established here and now, provided that its leadership come under wil?yat al-faq?h (guardianship of the Islamic jurist). The obligatoriness of Islamic government, and more particularly the requirement that a learned Islamic jurist should become the guardian of such a government, was not based directly on the religious texts but was deduced from the logic of Islam as understood by Khomeini. The important point to observe is that by shifting the emphasis from shar??ah to the Islamic jurist, any act of rulership that the latter might deem appropriate could then be defined as Islamic. This was indeed the case during the years of Khomeini?'s leadership of the Iranian Revolution (19791989) and was particularly evident in his proclamations in January 1988, in which he argued that the Islamic state is a branch of the absolute trusteeship of the Prophet and constitutes one of the primary ordinances of Islam which has precedence over all other derived ordinances such as prayer, fasting and pilgrimage (Schirazi, p. 213). In other words, reasons of state take precedence over the requirements of the shar??ah. Wil?yat al-faq?h (guardianship of the Islamic jurist) was a minority position within the Sh??? seminaries when first articulated and three decades under the establishment of the Islamic Republic of Iran has not added to its popularity among Sh??? Muslims.


Contemporary Islamic States.
Further evidence for the thesis that the form of the state and the nature of government cannot be deduced directly and unambiguously from the Qur??n and the ?ad?ths is provided by the fact that the few contemporary polities that call themselves, or are taken to be, Islamic states are very different from each other in their most important political aspects. Such countries might be similar in terms of applying so-called Islamic penalties (?ud?d) or of trying to avoid the receiving or giving of banking interest taken to be forbidden (usury, or rib?), yet they are very different from each other with regard to their political forms and constitutional arrangements. Nor do they usually have mutual recognition of each other as being Islamic states.

Saudi Arabia is taken to be the earliest contemporary Islamic state, dating at least to the early 1930s. It is a monarchy (a form considered un-Islamic or even anti-Islamic by many), although the king has recently dropped the title of his royal majesty and replaced it with the more Islamic one of Kh?dim al-?aramayn (servant of the two sanctuaries) of Mecca and Medina. Saudi Arabia owes its origins to tribal conquests and alliances, and it continues to rely on tribal solidarity to maintain the cohesion of the regime. It does not have a constitution (the Qur??n being its fundamental law), nor does it have a parliament or political parties, although it has a modern-looking cabinet and bureaucracy. Socially, it is extraordinarily conservative, although in terms of employment and services it functions in many ways as a welfare state. What gives the state its Islamic character is mainly the role of its ?ulam??, who, following a strict ?anbal?/Wahh?b? tradition, exercise an unmistakable influence by issuing fatw?s (counsel) on social and political matters, controlling shar??ah courts, and directing the morals police.

Islamic Iran, by contrast, is a republic with a constitution, a president, a parliament, a cabinet, bureaucracy, a court system along with regular elections (for regime loyalists); none of these institutions is particularly Islamic. The current state owes its existence to a multi-class popular revolution within which the religious wing, led by a politicized segment of the Sh??? ?ulam??, was able to assume the upper hand. Islam played a mobilizing role and Khomeini?'s discourse made it possible to combine social conservatism with populism and political radicalism and to construct a basically tatist economy in post-revolutionary Iran. The distinct features of such a regime have been the role of an Islamic jurist as the Leader of the Islamic Republic, the high representation of clerics in the parliament (majlis) and the court system, the key part they perform in the Guardian Council and the Assembly of Experts, and the important role played by the Islamic Revolutionary Guards and the Bas?j paramilitary corps.

Two decades after the 1979 revolution, the consensus on what constituted legitimate political authority among the Islamist supporters of Ayatollah Khomeini was shattered and Iranian society found itself engaged in full scale internal debate about the relationship between religion and democracy, tradition and modernity, reason and revelation, an Islamic state versus a liberal-democratic state. This coincided with the reformist presidency of Mohamed Khatami and a more tolerant atmosphere for publishing, political and cultural criticism, and civil society activity that emerged during his first term as president.

Two figures stand out: the philosopher Abdolkarim Soroush (?Abd al-Kar?m Sur?sh) and the theologian Mohsen Kadivar (Mu?sin Kad?var). In a series of influential lectures, articles and books, in particular his magnum opus, Qab? va bas?-i ti??r?k-i shar??at (Hermeneutical contraction and expansion of shar??ah), Soroush sought to separate religion (which is pristine and divinely inspired) from religious knowledge (which is subject to human interpretation and is fallible). The political consequences of this argument were profound as it undermined the ruling ethos of the Islamic Republic by suggesting that there can never be an official interpretation of Islam by an Islamic jurist or council of clerics. Kadivar?'s attack was more bold, direct, and penetrating. In a series of influential books in the late 1990s, he provided an exhaustive critique of Khomeini?'s doctrine of wil?yat al-faq?h that garnered him publicity and eventually landed him in jail. Relying exclusively on Sh??? sources, Kadivar launched a solid theological and scholarly refutation of the ruling ethos of the Islamic state while simultaneously remaining within the bounds of Sh??? jurisprudence. Kadivar?'s argument in Na?ar?ya?h?-yi dawlat dar fiqh-i Sh??? (Theses on the state in Sh??? jurisprudence) was that Khomeini?'s theory on the guardianship of the Islamic jurist was simply one thesis among many that Sh??? theologians have expounded over the years, ranging from a religious justification of monarchy to democracy and thus can in no way be considered the definitive or authoritative political model for the Sh??? school of jurisprudence. In his follow-up and more controversial book, ?uk?mat-i val?y? (Government by mandate), Kadivar painstakingly investigated and refuted Khomeini?'s doctrine of government by divine mandate by arguing that Khomeini?'s religio-political thesis, upon investigation, does not stand up to critical scrutiny even from within the paradigm of Sh??? Islamic religious and political thought. He writes:
"The principle of velayat-e faqih [wil?yat al-faq?h] is neither intuitively obvious nor rationally necessary. It is neither a requirement of religion (din) [d?n] nor a necessity for denomination (madhhab). It is neither a part of the Sh??? general principles (osul) [u??l] nor a component of the detailed observance (foru?) [fur ??]. It is, by near consensus of Sh??? ulama [?ulam??], nothing more than a jurisprudential minor hypothesis."
(Kadivar, Hukumat-i Val?y?, 237).

Sudan is another country where the establishment of an Islamic state was attempted by a military regime, in this case the process was resumed later by another military regime. Ja?far Nimeiri?'s regime (19691985) started with distinct socialist and Arabist leanings but was tempted, with the escalation in its economic and political problems, to adopt an increasingly Islamist orientation, in alliance with the Sudanese Muslim Brotherhood led by ?asan al-Tur?b?. In 19831984 the application of shar??ah laws was announced, combined with sweeping powers for Nimeiri himself, stipulated in the emergency law of 1984. Courts were hurriedly formed, summarily handing down severe punishments, including limb amputations. The escalating socioeconomic crisis and the growing resistance in the non-Muslim South, combined with Nimeiri?'s eccentric arbitrariness, resulted in a popular uprising that ousted him in 1985. But the Islamic movement had utilized its period in government with Nimeiri to consolidate its organization and to spread its influence within the country?'s institutions, including the army. This enabled the movement to win in various syndicate and political elections. When Lieutenant-General ?Umar al-Bash?r installed another military regime in 1989, it was markedly influenced by the National Islamic Front.

Yet another variety of regime claiming to construct an Islamic state has its origins in a military coup d?tat. Pakistan under the military dictator Zia ul-Haq (r. 19771988) is one such example. The military regime attempted to derive political legitimacy from its program of Islamization. Initiating the process in 1980, an Islamic legal code, to be applied through shar??ah courts, was issued by decree, but this was strongly resisted by the Sh???s and scorned by the women?'s movement. Tightly controlled elections were held without functioning political parties. Interest-free banking was declared but faced serious difficulties, and commissions were formed for the Islamization of the economy and of education. Such moves were halted by Zia?'s death in a plane crash in 1988, but the Islamization trend has continued its momentum. The government of Nawaz Sharif was brought to power in 1990 with a coalition including the Jam??at-i Isl?m?, Jam??yatul ?Ulam??-i Isl?m, and Jam??yatul ?Ulam??-i P?kist?n. The political mobilization of the masses by the Islamic parties during the Gulf crisis of 19901991 and the formation of a United Shar??ah Front prompted Sharif to introduce his own shar??ah bill for Islamizing the state, which was duly given the vote of approval by the National Assembly. The process of Islamizing the state initiated under military rule was therefore continued by a government brought to power by elections.

The program of Islamization in Pakistan has resulted in a strengthening of exclusionary sectarian Sunn? and Sh??? identities. The Pakistani Sunn? paramilitary organization, Sipah-e Sahaba founded in 1985 has called for the Pakistani state to declare Sh??? non-Muslim, and engaged in campaigns of violence. Its founder Mawlana Haq Nawaz Jhangvi had earlier participated in agitations against A?mad? Muslims who were declared non-Muslims by the Pakistani state in 1971.

The Taliban, an Afghan militia organization, seized and held control of a large portion of Afghanistan from 1994 to 2001. It proclaimed itself to be an Islamic Emirate of Afghanistan. Lurking behind the pronouncement of an Islamic Emirate was a tribal faade that represented the power and influence of Afghan Pashtuns over other Afghan tribes. The Taliban have had close ties with Pakistani Sunn? Deoband?s, and many of the Taliban leadership trained with them. It has periodically issued constitutions, which set forth their ideology undergirding a uniquely harsh and punitive shar??ah-based state.

Al-Qa?ida is the most prominent example of de-territorialized jih?d? organizations that rationalize a call to violence with the goal of creating an Islamic shar??ah state. That rhetoric is exemplified in the pronouncements of Osama bin Laden. This vision is predicated upon the assumption that existing Muslim states will be subsumed within a unitary caliphate state for the entire Muslim ummah.

It should be clear from these cases that although so-called Islamic states may adopt similar practices with regard to moral and social issues (pertaining to the family, gender, dress, alcohol, and so forth) there is little similarity in the political features of such states or even in their socioeconomic orientations.

Mainstream political Islamists argue that there is a distinct Islamic model of the state and government whose immediate application is mandatory. Their main textual evidence is the verses of the Qur??n that condemn those who do not judge according to what God has revealed: Wa man lam ya?kum bim? anzala All?hu fa-ul??ika hum al-k?fir?n (And for those who do not judge in accordance with what God has bestowed from on high are, indeed, unbelievers of the truth). The most crucial word here is ya?kumu. This expresses the related notions of judgment and wisdom, and in the verb form it means to judge or adjudicate. The use of the term ?uk?mah to mean government is much more recent, apparently not predating the nineteenth century. Islamists would like nonetheless to impute the modern meaning of government to this Qur??nic term. They also assert that Islam, unlike Christianity, never had a priestly class, and that Christianity?'s priestly class, especially during the medieval period, was tyrannical and hostile to science, unlike Islam. Islamists also argue that Islam from its very inception was both a state and religion.

On the question of non-Muslim minorities and citizenship in an Islamic state there is ambiguity. Centrist Islamists would afford full citizenship to non-Muslim minorities except that key government posts such as head of state would be occupied by a Muslim. Others are not so generous; when asked to enumerate the political features of such an Islamic state or government, they either evade the question or speak in vague generalities. One development, however, was the release in October 2007 of a draft political platform by the Egyptian Muslim Brotherhood which envisions a council of religious experts to oversee government. This bears a striking resemblance to the Guardian Council in Iran. In both cases the concern is to ensure the Islamic character of any new political order by dividing sovereignty between various institutions of the state.

Generally, the goal to define the proper relation between Islam and the state remains a central and unresolved question. Among the chief questions are whether or not revealed sacred text is the exclusive or principle source of political legitimacy, and whether or not government should enforce a particular religious doctrine. The events of 9/11 and the war in Iraq have strengthened Islamist movements globally. Though their ideological positions vary greatly and are contingent upon local circumstances, they all insist on the primacy of the shar??ah, even though they may interpret it in vastly different ways. Secularist discourses, particularly in the Arab world, remain marginal, but are influential, paradoxically, because they provoke an Islamist backlash.

Support for the ideal of an Islamic state today needs to be situated against the broad failure of the secular post-colonial Muslim-majority state. Although there are a few countries that may qualify as exceptions, such as Turkey and Indonesia, most states in the Muslim world today have been characterized by corruption, cronyism, authoritarianism, and varying degrees of political repression. It is in this context that the Islamic state option appears most attractive. At times, Muslim political identity today is formed in opposition to and rejection of the West. Thus Western support for secularism and liberal democracy, while it pursues foreign polices that are viewed as inimical to Muslim interests, engenders a reactive oppositional Muslim political identity. The consequences of this identity construction lend support to the abstract idea of an Islamic state as an alternative to Western models. Following the invasions and occupations of Iraq and Afghanistan, both in the name of liberal democracy, the sentiments and the desire for an Islamic state are destined to attract increasing support across the Muslim world.
 

babadeena

Minister (2k+ posts)
Bret Hawk,

I asked your view or a brief definition of two things. In reply you pasted everything
else but not to the point. This way the discussion or debate leads to nowhere. Of course, you can resort to your material but better it should have been to make brief points. The post small and concise is more conveying. I tried to go through this lengthy posts, but where are the main points?

Politics:

in a state/country is a process wherein:i) a single party/entity or multi parties, depending upon their Ideologies form their manifestos/policies with the objective to do ostensibly better for their country/people; ii) contest elections/or imposed its
manifesto on people and then are required to govern according to their manifesto.

The above is "modern-based" definition. If you agree to it, fine or you
can re-draft it as you wish, I shall accept that. Now please care to define the term
"religion", then we shall go on debating the political system of a modern Islamic State.
At this stage of discussion, please no cuts-n-paste without own contribution.
 

Bret Hawk

Senator (1k+ posts)
@ Babadeena

First of all I wanted to refresh the academic background of those two terms which you asked and I thought it would be better not to put my own explanation of those terms when the experts opinions are there for layman like us who dont have in-depth knowledge of politics / political science and its underlying philosophy.


Secondly the definition which you have given of the parties based political system is already an attempt to ape the western political process which of course every other non-western country is now implementing without having evolved their own mechanisms firsts, with the odd exception of Iran where the guardian council of Ayatullahs use to select the honest and clean persons for the presidency and below that process we can see the elective members of the masses of Iran use to form the local and state governments and somehow with some success are running the show. One thing which is clear to note that Iran where we can say that it shows a close resemblance of an Islamic state based on the ideology of the Ithna Ashari (Twelve Imams) school of Islamic thought, still have reports of corruption and mishandling of the public funds from the lower strata of the government administration.

Last but not least I think Islam cant be termed just as religion as it is obvious from the way its teachings put an imprints on its followers and researchers, its a complete code of life and if someone believe on that concept of Islam then one have to strive to work for the better political system based on its true ideologies of vice regency of Allah SWT where the affairs of that state should be run according to the Islamic Shariahs golden principles of social, judicial, economic and political justice for its inhabitants. Now having said that I think I would be happy to hear your opinions relating to my original queries about the efforts to propose a new (If required) political system for a modern Islamic state whenever in our lifespan (Or after our demise) it would be possible to actualise that dream of the millions of Muslims, including me.
 

babadeena

Minister (2k+ posts)
Bret Hawk,

I think Islam cant be termed just as religion as it is obvious from the way its teachings put an imprints on its followers and researchers, its a complete code of life and if someone believe on that concept of Islam then one have to strive to work for the better political system based on its true ideologies

RELIGION

consists of a set of unseen concepts, laid-down principles and practices established by a divine authority known as "God", which a human in his/her individual capacity or the society as a whole, believes, accepts and performs.

I think it is the best definition to define that "it is a complete code of life", so far if u agree to my definitions, then we shall in next posts get your points one by one.
 

babadeena

Minister (2k+ posts)
Bret Hawk,
Sorry I am late in responding due to other things. Here I take on your first question.

1) Does the modern concept of western democracy fits in as a polity of a modern Islamic state
?

First of all. There is no such thing of "modern Islamic" or "non-modern-Islamic". It is is either Islamic, unislamic or hypocritical (mixture of both).

Again, the democracy is a form of government, this term of "modern" or whatever is of little relevance. So this question can be "Does the concept of democracy fits in as a polity of a Islamic State".

An Islamic State is "islamic" if it follows the principles enshrined in Quran like "Oh you believe enter into submission completely........". Democracy is a form of government and it is in itself not a Islamic or unislamic, rather this condition apply to those people who are going to run this form of government, whether they are Islamic in their totality or not. If a state is Islamic in the sense that everyone from Top to bottom level, in his/her capacity is adhering to the principles of Islam, then there will be hardly any possibility of the majority of people adopting a decision which is non-islamic. Therefore, I do not see any problem whatsoever for a pure Islamic state to follow the democratic form of government.

Your views will be appreciated.
 

Bret Hawk

Senator (1k+ posts)
First of all Baba G (Now with reverence I will call you Baba G instead of Babadeena) I totally agree with you on this point that Democracy is a form of political governance which has nothing to do with the debate of its Islamic or un- Islamic. My whole point of view in that first question was to establish that whether the western concept of democracy fits in a future Modern (I adhere to this term because many of the modern age political scientists are of the view point that the middle age concept of imperialism and totalitarian can not fix well in an Islamic state of modern / current times as every age has its peculiar sets of challenges and issues which has to dealt with due diligence) Islamic state?


Because in todays world much emphasis has been given on the supremacy of people and through their mandate their elective members of the legislative assemblies can formalise and enact the laws of the land which can encompass on almost every field of the state and its primordial unit, an individual plus the famous principle of keeping religion out of the state affairs. Now if you say that fine that concept is not acceptable and the state can adopt and declare that the supremacy lies with the Almighty and no laws can be enacted repugnant to the letter and spirit of the Holy Quran and the authenticated Hadith literature of Prophet of Islam PBUH, then would it be made incumbent for any person who would have interest to become the member of parliament to become well abreast with the teachings of Islam especially the Quran, Hadith and Islamic Jurisprudence famously known as Shariah Law and where a thorough screening would be done on that persons personal profile and on his financial matters?
 

babadeena

Minister (2k+ posts)
First of all Baba G (Now with reverence I will call you Baba G instead of Babadeena) I totally agree with you on this point that Democracy is a form of political governance which has nothing to do with the debate of its Islamic or un- Islamic.

No problem at all Baba G or Babadeena. So on this part we agree.

My whole point of view in that first question was to establish that whether the western concept of democracy fits in a future Modern (I adhere to this term because many of the modern age political scientists are of the view point that the middle age concept of imperialism and totalitarian can not fix well in an Islamic state of modern / current times as every age has its peculiar sets of challenges and issues which has to dealt with due diligence) Islamic state?

Exactly what it is the "western concept of democracy". For me it is that one person one vote concept, the party which has the majority forms the government. Please remember that "western" or "west" is not "Islamic State". What we are discussing is "Islamic State". So in a "Islamic State", what is wrong to have that "western concept of democracy". I do not think that adopting the western democracy in a "Islamic State" will become "Kufr".

Second point in the above quoted para is: As I said in previous post, the "Islamic" or "Islam" has noting to do with "modern/current times", Islam was , is and going to be the same for every contemporary period. Can U name few from "sets of challenges and issues of this "modern time", so that we can take them also, whether they are covered or not in Islamic teaching.

Because in todays world much emphasis has been given on the supremacy of people and through their mandate their elective members of the legislative assemblies can formalise and enact the laws of the land which can encompass on almost every field of the state and its primordial unit, an individual plus the famous principle of keeping religion out of the state affairs.

I think that in your mind two confusing things are: you are taking the idea of West i.e. supermacy of people etc in democracy, but you are forgetting that "basic and foremost condition" i.e. "Islamic State". In an Islamic State, if it is, then all from the top to bottom levels have to remain withing the parameters set by Islam. There is no question of keeping religion out of State Affairs or people's lives.

Now if you say that fine that concept is not acceptable and the state can adopt and declare that the supremacy lies with the Almighty and no laws can be enacted repugnant to the letter and spirit of the Holy Quran and the authenticated Hadith literature of Prophet of Islam PBUH,

If that is a "Islamic State" or "claims to be a Islamic State", then naturally, everyone has to remain within certain parameters, otherwise it is hypocrisy and (wine halal and pork haram concept). Rules and Regulations have to be strictly as they are in Quran, then Sunnah etc.

then would it be made incumbent for any person who would have interest to become the member of parliament to become well abreast with the teachings of Islam especially the Quran, Hadith and Islamic Jurisprudence famously known as Shariah Law and where a thorough screening would be done on that persons personal profile and on his financial matters?
Certain academic criteria needs to be enforced although it may not be necessarily to the extent which you have described. On "screening on personal profile and on financial matters", once again let me state that "If Islamic, then those rules apply from king to beggar and in those rules the element of "self-accountability" is very strong.
 

Bret Hawk

Senator (1k+ posts)
I think the new set of challenges of current era is related to its social, political, judicial and economic spheres. I will delineate them some of them one by one;

Social Issues

The cohesiveness of people in that state which relates to different social strata including the creed, sects, religion and social classes such as the division of proletariats and bourgeoisies.
The concept of liberalism and civil rights which has to be dealt with by the incumbents of that Islamic state (Majority of critics think that in Islamic political system the individuals rights and liberties are limited)


Political Issues

To what extent the state can allow the rights of opposition from its political opponents.
Whether the minorities can also participate in the political system of that state or should there be a separate parallel political setup for them.


Economic Issues

The new concepts of free market economy and Laissez Faire concept can be adopted by that state or does the state have to adopt somewhat regulation and oversight on the economic affairs of that state.
Can the state reform its taxation, interest based banking, pensions and investment policies so that it can bring them to the uniformity with the Islamic concepts of increased cooperation and welfare for the masses.


Judicial Issues

Does the centuries old Shariah Law need some reconstruction and reformation on those matters which are not in direct / indirect opposition of the established injunctions of Holy Quran, Authentic Hadith, Ijma (Consensus of the scholars and experts on specific issues) and Qiyas (To deduce from the analogical reasoning and analogy).
With the new scientific and technological advancements in the fields of medicine and astronomy does the Shariah Law have the capacity to adopt those new concepts such as the stem cells research, genetically modified products, cloning etc in the medical field and to detect the exact locations of the stars and planets especially the Moon, which has so much importance for setting the lunar calendar disputes among the Muslim Ummah around the world.


Note:

More points can be added but for the purpose of brevity Ive mentioned just two apiece on each discipline so that we can seek the solutions of such new challenges in the current Islamic state, whenever it would be established in the near future.
 

babadeena

Minister (2k+ posts)
Social Issues

The cohesiveness of people in that state which relates to different social strata including the creed, sects, religion and social classes such as the division of proletariats and bourgeoisies.

Different Social strata had been and is going to be. This is the typical thing of this
world and I do not see any difficulty for any Islamic State whose constitution is derived from Quran. Do you think that this is not possible. Islam allows the freedom of choice, there is no compulsion in it.

The concept of liberalism and civil rights which has to be dealt with by the incumbents of that Islamic state (Majority of critics think that in Islamic political system the individuals rights and liberties are limited)

This is narrow minded approach of those who seem to have some bias against Islam. I feel that term liberalism and civil rights need to be defined. If liberalism is "same sex marriage", then it is not and will not be allowed in any Islamic State. The people who are in these days champion of "civil right" may not be aware of the word "right" when Islam granted rights to all including ladies such as their right of inheritance etc.


To what extent the state can allow the rights of opposition from its political opponents.

Bret Hawk, we are discussing, "democratic form of government in a Islamic State". the Opposition party will also be governed by those rules which will be for the
ruling parties.
Whether the minorities can also participate in the political system of that state or should there be a separate parallel political setup for them.

Minorities right, they choice of religion safety of their prayer places is there.

I feel that you seem to be in double mind, you wish to have a Islamic State or only Islamic State in Theory but at the same time the values of liberalism, and civil rights as per western standard of life.