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IEMed. Mediterranean Yearbook 2014 104 From Revolutions to Dossier of all citizens, equally and without any discrimination sistent with the protection of the constitutional rights con be must of role the that means however, constitutions, to reference The world. Arab the of populations Muslim predominantly the among Islam for role a include to bound is will this should and prevail, population general the of will political the ,”for “quest a of speaking are we Since be balanced by the constitutional quality of the State. cratic legitimacy of demands for a role of Islam must The second part of the title indicates that the demo political judgmentoffalliblehumanbeings. any Islamic quality of an institution except through the the Islamic quality of the State and no way of verifying judging for criterion agreed no is there fact, In large. at citizens the of beliefs religious the of regardless Islam, of view own their enforce to State the using state is Islamic can only mean that the ruling elite are any that claim the and , a having of incapable Muslim. a by conviction and choice, which is the only way to be necessary to ensure the possibility of being a Muslim is State the of neutrality religious the because view of point Islamic an from systems legal and tutional vocating a secular nature for the State and its consti and choice, rather than coercive conformity. I am ad conviction by piety religious of possibility the secure neutrality of the State regarding all religion in order to constitutional the through proposing am I the to refers article this of title the of part first The School ofLaw, Emory Charles Howard CandlerProfessorofLaw Abdullahi AhmedAn-Na‘im Democracy Constitutions andtheQuestfor The RoleofIslaminNew Arab The SecularStateforReligiousSociety: Dossier: 1 or ethnicity race, religion, sex, as grounds such on

A n -N a ‘ im , AbdullahiAhmed. 1 The State is a political institution that is is that institution political a is State The From RevolutionstoConstitutions Islam andtheSecularState:Negotiating theFutureofSharia - - - - powered by his membership in a dominant political dominant a in membership his by powered through another. For example, a person may feel em of both a majority through one identity and a minority member a is person every that is minorities of rights onthe emphasis this for reason selfish basic The nority, evenofasingleperson. majority subject to the constitutional rights of the mi political the by government of combination a means democracy constitutional for quest The language. at o dsiet iw ta tn t calne the challenge to tend that views dissident for therefore tant must views impor particularly is This radical protected. consistently be or marginal most the even propagate and express to order in ganise and opinion, and the right to or profile. or size demographic of regardless mations, dissent because that is the source of all political for all of and disagreement safeguarding means also citizens rights the of protection the to Commitment majority/minority statuses. consecutive and overlapping of because population the constitutional rights of every preserving group or segment of with the citizens concerned all equally that be remarks should these of light in clear is and repressed unlawful organisation within weeks. It persecuted a to government in power political onic hegem a from turned which Muslim , in Brotherhood the of case the is this of example striking recent A means. other or democratic through over time decline may identity dominant apparently an time, same the at majority and minority a both of ber In addition to the overlapping of being a mem ing , which is usually controlled by men. crimination, even when they identify with the govern dis and violations of sorts all suffer often Women his group. socio-economic or ethnic by an in membership disempowered be may he although party, . HarvardUniversityPress,2008. ------

role of , whether Catholic or Protestant, or Catholic whether Christianity, of role the of any the in variations significant are There faiths. world’s for permanent or inevitable been not has also that here, purposes our for religion of role the to regard With everywhere. contested and gent contin been has and time taken always develop has ment constitutional Democratic world. the in inevitable, immediate, linear or permanent anywhere not is process this instance, for America, North or Western of countries the of any in opment devel constitutional democratic of regression and cated by even the briefest review of the progression indi As world. the in countries other all with case the been has as region, the of countries the of any of development constitutional democratic the on perspective evolving an for need the also is There be differences tween , andMorocco. contextual and historical logical, theo the of view in Africa North of sub-region the instance, for within, even Islam of role the of ations evalu generalised avoid therefore Weshould them. of all among alone let region, Arab so-called the of countries the of any within identity regional uniform monolithic and static a Islam, nor a trans-historical and neither about therefore are process and criteria The time. over change and shift to tend also which relations, power and factors demographic context, history, of relevance the underscores abstract, the on what think and do rather than on Islam in Focusing State. the and politics in role its of views competing and Islam of interpretations competing we tend to speak of the role of Islam, Though there are in fact governance. democratic constitutional for evaluated in relation to the quests of those societies and legal developments in the Arab region should be The roles (in the plural) of Islam in the recent political seventh early century. the in Arabia of relations tribal and Islam place. and polytheism pre-existing the to time heresy a as emerged the of orthodoxies isting pre-ex the of heresies as started today granted for All take we that orthodoxies philosophical and reform. religious political and social initiating for tential po their of, because perhaps or despite, re pressed be to likely most are views such because tion conventional sensibilities of majorities of the popula iations in the role of Islam, whether Sunni or Shia, in and southern Europe. Likewise, northern there are significant var in and America South and North in ------o tity dee o h eape f h Prophet, re- to seek the to obliged religiously are of today Muslims example the to adhere strictly to ern Islamists, since they are instructed by the a community of devout believers. According to mod by ideal Muslims, both individually and collectively as thority. That state is believed to have au been populated political and of source sole and sovereign human exclusive and original the as Prophet the by ruled state developed fully a as terms constitutional modern in projected is model That Sharia. enforce will that state Islamic an of model the as discourse Islamic in cited commonly is CE 622 in Prophet the by Arabia western in established State The Rights Incompatibility ofShariaandConstitutional , SyriaandYemen. Asia, Southeast or South Central, and Africa West remains among Muslims today who support an un an support model who today State Muslims among Medina remains the to adherence of risk cal psychologi Yetand do. cultural can the beings man ments can at best seek to implement what fallible hu govern Muslims of generations subsequent all for while itself, Islam was did and said Prophet the what as divinely ordained. To Muslims of the Medina State, mad who can govern, enact Sharia law and enforce it Muham after Prophet another of possibility the cept ac not do Muslims repeated. be cannot and unique replicated today because the role of the Prophet was be cannot State Medina the of model the that clear is it argument, of sake the for accepted is past cient modern State and its constitutional order into the an the of projection anachronistic Islamists’ the if Even governance constitutional democratic quests ofthosesocietiesfor should beevaluatedinrelationtothe developments intheArabregion the recentpoliticalandlegal The roles(intheplural)ofIslamin tive post-colonialnation-states. enact the model of the Medina State in their respec ------

IEMed. Mediterranean Yearbook 2014 105 From Revolutions to Constitutions Dossier IEMed. Mediterranean Yearbook 2014 106 From Revolutions to Constitutions Dossier 2 principles inthemodernsense constitutional anddemocratic ( traditional notionsofconsultation of expansive re-interpretation throughan the powersofState constitutional andlegalconstraintson Islamists todaytendtoplacemodern transformed byEuropeancolonialism, was As thenatureofState selective apologiaforpoliticalexpediency. arbitrarily and opportunistic of instead reform, herent co and systematic support to Islamic of methodology the revise first should governance ic the of Advocates . independent an or ers pow of separation the of notions through Caliph the Sharia did not address the need to of limit the powers of jurists founding the time, their of institutions and dence ( jurispru Islamic traditional in support methodological lack they because practice in reversed be easily can litically attractive at the time they are invoked, but they sense. modern the in ples order to support constitutional and democratic princi ( consultation of notions traditional of tation powers of the the State through an expansive re-interpre on constraints legal and constitutional modern place to tend today Islamists colonialism, European by transformed was State the of nature the As it. ing restrict or withdrawing for mechanism peaceful and organised no was an there given, was allegiance of oath once because life for powers absolute enjoyed Caliph the appointment, or selection of method the identifying rulers throughout history, but regardless of for methods of variety a experienced have Muslims limitation orseparationofpowersrulers. institutional or formal of idea the contradicts belief This powers. judicial and , legislative, tered unfet enjoy rulers the which in model constitutional 4 Civil Liberties,HumanRightsandInternational Law 3 Law Quarterly Ibid Ahmed Abdullahi see reformation of possibilities and Sharia under government of critique a both On On shura shura . as an Islamic basis for constitutional democrat usul al- see verses 3:159 and 42:38 of the Quran. ) in order to support ) inordertosupport , vol.6,p.49-60at55-56,1957. ). Being ). consistent with the values 2 Such efforts may be po be may efforts Such , SyracuseUniversityPress,1990. 3 C oulson shura , N.J. “The State and the Individual in Islamic Law.” ) in in ) ------or can be separated. I distinguish between the State tion. Taken in contextual terms, the issue becomes issue the terms, contextual in Taken tion. unity of religion and the State or categorical separa the total between dichotomy sharp and a than rather Islam State, between relationship the of forms contextual and historical of terms in framed is issue the when only begin can tensions the of mediation Islam and the State at face value. In my view, realistic of unity the of claims take who elsewhere, and eties soci Islamic within both policymakers, and scholars those tensions.Partoftheproblemisattitude cise reform methodology one is proposing to resolve tional democratic governance, regardless of the pre diation of the tensions between Sharia and constitu me the facing difficulties practical the is here issue today,possible theoretically are Sharia of interpretations alternative that true is It for women and non-Muslims and . torical interpretations of Sharia in relation to equality his about concerns rights) ( tutional consti some regarding made be can point similar A State does not mean that Islam and Islam that the mean not does and State Islam of separation the Yet, claim. the of the better claim, shows the inherently political nature decide to possible not whether either of simply them is “truly” Islamic, or is which has it that fact The issue. the on deadlock have we value, face at claim each take we If that? know we do how and lamic” states regards the other as a heresy, so which is two “Is those of each Islamic that fact are the by belied Arabia is states Saudi and that claim the Moreover, valid. be to deliberate and voluntary be must which compliance, of quality religious the ates repudi State the of authority or power coercive the through Sharia of enforcement the earlier, noted As of theState Mediation ofShariaandSecularLaw capable factofnature. and transformation, rather than a permanent or ines change of capable is that process a as relationship one of understanding the basis and dynamics of this A n -N a ‘ im , 4 TowardReformation: Islamic an but the more pertinent more the but International and Comparative politics

should ------principles of Sharia. Difficulties facing this model this facing Difficulties Sharia. of principles on state modern a found to effort any facing lems prob political and practical major also are There cial andpoliticalforces. as mediator and adjudicator among competing so State the of role the for necessary is which trality, neu religious own its maintain to order in religion of role the regulate to have necessarily will state the because easy not is State and religion of tion separa the institutional the that clear At is it time, same legitimacy. religious claim not does that state secular a by done is that when than resist to difficultmore far it make would that because Islam of name the in models totalitarian such menting elites. byrulingIt is particularly dangerous to attempt imple selected ways specific the in relations to social and behaviour individual regulate coercively independence, after continued and lonialism co European by constituted as State, the of tions institu and powers the use to seek state Islamic be an . The proponents of a so-called lamic legitimacy in a variety Is of ways, none seek claims to did Muslims over ruled that historically have states imperial decentralised the Although history until thetwentiethcentury. Islamic in attempted never was law State of code a as Sharia of enforcement coercive ised is reflected in the fact that such central na. The practical impossibility of enforcing Sharia as Sun and Quran the of interpretations different but authoritativeequally among choose to have will day actment as the , the of the moreover, en matter, formal requires State the by enforcement since practical a As alike. believers non- and believers of rights human other and gion reli of freedom the of violation the or force by enhancingpiety either justify not does that but norms, tion may increase apparent conformity with religious tionale of the binding force of Sharia. Legal prohibi ra religious the of negation the is State the of will the through enforcement because terms in diction of Sharia in the everyday life of a society is a contra precepts the of totality the implement to claim The but subjecttoconstitutionalsafeguards. politics, through State the and Islam of relationship and politics in order to facilitate the of the 5 founding the of ambivalence profound the include Thistheoryisdiscussedindetailmy book, Islam andtheSecularState 5 ------, 2008. separation of religion and state isnot separation ofreligionandstate It isclearthattheinstitutional groups internally. these by resisted be also will but abroad challenge serious face only not will which Sharia, under lims of basic citizenship rights for women and non-Mus violation the is earlier noted problem major of type Another Sharia. traditional of norms those of basis the on trade international in engage and economy ( speculative on founded is it that grounds rate of interest on loans ( fixed a on prohibition a of enforcement formal the Moreover, economic activities would be crippled by itself. Sharia the to accountable State the control sought to control nor knew how to make those who neither They authority. political to Sharia of jurists tional rights such as freedom of religion and respect Constitu beliefs. one’s of dictates the with formity con private suppressing for not State, the by tions obliga religious of are enforcement here coercive making against am I arguments The principles. those observe to wish who Muslims for norms ria offering a variety of services in compliance with Sha also are institutions financial secular but practices, commercial alternative in engage are to only free Not Muslims practices. these in engage to there live who Muslims coerce not does country a in legal that fact The others. of religion, as long as they do not violate the rights of freedom of matter a as lives daily own their in norms Sharia observing from Muslims individual preclude course of not does land the of law the as Sharia ing enforc state Islamic so-called a to objections Such competing socialandpoliticalforces mediator andadjudicatoramong as fortheroleofState necessary own religiousneutrality, which is its of religioninordertomaintain havetoregulatetherole necessarily will easy becausetheState ). It ). is simply impossible to operate a modern riba and ) or of insurance on the gharar contracts are contracts ------

IEMed. Mediterranean Yearbook 2014 107 From Revolutions to Constitutions Dossier IEMed. Mediterranean Yearbook 2014 108 From Revolutions to Constitutions Dossier 6 from theirIslamicbeliefs. follow necessarily and policy what on majority,predominant the are agreenot would they Muslims if even because population, State’s the of isnecessary This minorityor majority the constitute Muslims whether of interest. rate fixed a pay or simply on not the religious belief and that it reasons, is a sin social to charge and economic on based reli beliefs. gious to reference without citizens all by rejected or accepted debated, be can that reasons mean I reasoncivic By Sharia. by required as asserted ing be simply of instead reason,” “civic by supported be legislation proposed such that requires State the of neutrality religious the time, same the At so. do to right the have world the in State any of zens ligious or other beliefs, in the same way that all citi and re their of out legislation or policy propose should can Muslims Indeed, policy. public and law to irrelevant are principles Islamic that mean not does State the of neutrality religious the Affirming of forms other agency ofcivilsociety. and organisations governmental non- of activities the through values moral or gious reli their reinforce to believers enable privacy for 7 1995. OnthedifferencebetweenRawls’s publicreasonandmycivicreason,see Rawls’Liberalism,”PoliticalJohn on Remarks Reason: of Use Public the Through John See reason. public call theorists Westernpolitical some what from different but similar is reason civic of notion my that here note also should I A n -N R a a wls ‘ im , AbdullahiAhmed. , Political Liberalism Political 6 If riba is to be illegal, that should be should that illegal, be to is African ConstitutionalismandtheRole ofIslam , New York: Columbia University Press, p. 212-254 and 435-490, 2003, and Jurgen and 2003, 435-490, and 212-254 p. Press, York:University New Columbia , - - - - - achieve thatontheirownterms development, andtheywillall Islam andconstitutionaldemocratic to finditsownbalancebetween Arab regionandelsewhereisstriving Each Muslim-majoritycountryinthe me to step back and try to see how the quest for quest the how see to try and back step to me ces. influen- and experiences post-colonial and colonial recent including society, each of context historical the to according unfold to process this for models can do. There are no set scenarios or predetermined own terms, as every other country in the world has or ic development, and they will all achieve that on their balance between Islam and constitutional democrat own its find to striving is elsewhere and region Arab the in country Muslim-majority each conclusion, In cratic constitutionalism. current debates regarding the role of Islam in and demo- tension underlying basic the clarifying to tribute con is space limited this in do can I What course. its take will development constitutional democratic . UniversityofPennsylvaniaPress,2006. 7 A My own premise and approach would require would approach and premise own My The Journal of Philosophy of Journal The n -N a ‘ im , Islam andtheSecularState , vol. 92, No. 3, p. 109-131, March 109-131, p. 3, No. 92, vol. , H , p.97-101. aberms , “Reconciliation , - -