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Traditionalism (Al-Salaf∞Yah) 00_Democracy_prelims-option 5 4/11/08 10:35 Page i 1 Contemporary Arab Scholarship in the Social Sciences, Vol 1 2 3 4 5 6 7 8 Democracy, Human Rights and 9 10 Law in Islamic Thought 11 12 13 14 15 16 17 By Mohammed Abed al-Jabri 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 I.B.Tauris Publishers 38 In Association With 39 The Centre for Arab Unity Studies 40 00_Democracy_prelims-option 5 31/10/08 16:45 Page ii The translation and publication of this book was made possible by the generous financial support of the Mohammed Bin Rashid Al Maktoum Foundation. The opinions and ideas expressed in this book are those of the author and do not necessarily reflect those of either the publisher, the Centre for Arab Unity Studies or the Mohammed Bin Rashid Al Maktoum Foundation. Published in 2009 by I.B.Tauris & Co Ltd 6 Salem Road, London W2 4BU 175 Fifth Avenue, New York NY 10010 www.ibtauris.com Published in association with the Centre for Arab Unity Studies In the United States of America and Canada distributed by Palgrave Macmillan, a division of St. Martin’s Press 175 Fifth Avenue, New York NY 10010 Centre for Arab Unity Studies ‘Beit Al-Nahda’ Bldg. – Basra Street – Hamra PO Box: 113-6001 Hamra Beirut 2034 2407 – LEBANON www.caus.org.lb Copyright © 2009 Centre for Arab Unity Studies The right of Mohammed Abed al-Jabri to be identified as the author of this work has been asserted by him in accordance with the Copyright, Designs and Patent Act 1988. All rights reserved. This book, or any part thereof, may not be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the publisher. Contemporary Arab Scholarship in the Social Sciences, Vol 1 ISBN: 978 1 84511 749 8 A full CIP record for this book is available from the British Library A full CIP record is available from the Library of Congress Library of Congress Catalog Card Number: available Designed and Typeset by 4word Ltd, Bristol, UK Printed and bound in Great Britain by CPI Antony Rowe, Chippenham 00_Democracy_prelims-option 5 31/10/08 16:45 Page iii 1 2 3 Contents 4 5 6 7 8 9 10 11 VOLUME I: 12 RELIGION,STATE AND THE APPLICATION OF ISLAMIC SHARI¯≤AH 13 14 Introduction 3 15 16 17 Part One: The Question of Religion and the State 18 1 Religion and the State in the Authoritative Cultural Referent 31 19 20 2 Religion and State in the Renaissance Authoritative Referent 47 21 3 Religion, Politics and Civil War 57 22 23 24 Part Two: The Question of Applying al-Shar¯ı≤ah 25 4 Awakening and Renewal 63 26 27 5 Traditionalism (al-salaf∞yah)...or 67 28 The Historical Experience of the Nation? 29 6 Extremism: Right and Left 71 30 31 7 Extremism Between Creed and al-Shar∞≤ah 74 32 8 For the Procession of IjtihÆd 77 33 34 9 The Rationality of the Rulings of al-Shar∞≤ah 81 35 10 Rulings and Dependence 86 36 37 11 Every Age has its Special Needs 90 38 12 ‘Avoid the √ud∑d Penalties when in Doubt’ 94 39 40 13 Concerning ‘Complete Application of al-Shar∞≤ah’ 99 00_Democracy_prelims-option 5 4/11/08 15:42 Page iv iv Contents VOLUME II: DEMOCRACY AND HUMAN RIGHTS Introduction 107 Part One: Democracy: Its Historical Role in the Arab World 1 A Demand in the Arab World 119 2 Al-Sh∑rÆ and Democracy are not One and the Same 122 3 The Difficult Birth 126 4 Partnership in Human Governance 130 5 Democracy and the Right to Speak 134 6 No Way Out Except Through a Historical Bloc 138 Part Two: Democracy and the Current Arab Reality 7 The Problem of the Transition to Democracy 145 8 Objective Situations Conducive to Democracy 148 9 Contemporary Arab Ideology and its Doubts about Democracy 152 10 Dispersing the Doubts about Democracy 155 11 The State that Swallows up Society 159 12 Civil Society and the Elites in the Arab Nation 162 13 Elites Fear Democracy 166 14 Democracy, a Necessity 169 Part Three: Cultural Implantation of Human Rights in the Contemporary Arab Conscience 15 Human Rights: Particularity and Universality 175 16 Universality of Human Rights in the European Point 178 of Reference 00_Democracy_prelims-option 5 4/11/08 15:42 Page v Contents v 17 Universality of Human Rights in the Islamic Authoritative 183 1 Point of Reference: Reason and Innate Nature 2 3 18 The Universality of Human Rights in the Islamic Authoritative 188 4 Point of Reference: Covenant and al-Sh∑rÆ 5 19 Philosophy of Human Rights and Religion 192 6 7 20 Freedom is One Thing, Apostasy Another 196 8 21 Women’s Rights in Islam: Between the Fundamental Principles 201 9 of al-Shar∞≤ah and its Particular Rulings 10 11 12 Part Four: Enhancing Awareness of Human Rights in Islam 13 14 22 The Concept of the Human Being in Modern Thought 209 15 23 The Concept of the Human Being in the Qur≥Æn 212 16 17 24 The Right to Life and its Enjoyment 217 18 25 The Right to Freedom of Belief, Knowledge and Difference 221 19 20 26 Al-Sh∑rÆ between the Qur≥Æn and the Circumstantial 226 21 Interpretations 22 27 The Right to Equality and the Question of ‘Preference’ 230 23 24 28 Slavery and the Rights of Women 234 25 29 The Right to Justice: The Strength of the Qur≥Ænic 238 26 Text and the Vacillation of the ‘Advisory Discourse’ 27 28 30 The Rights of the Weak Oppressed: The Right of the 241 29 Poor to the Wealth of the Rich 30 31 Social Security in Islam: Necessity of Development 245 31 32 32 The Rights of God, the Rights of People: 33 Application of al-Shar∞≤ah 249 34 35 Index 252 36 37 38 39 40 00_Democracy_prelims-option 5 31/10/08 16:45 Page vi 01_Democracy_001-028 31/10/08 16:45 Page 1 VOLUME I RELIGION, STATE AND THE APPLICATION OF ISLAMIC SHARI¯≤AH 01_Democracy_001-028 31/10/08 16:45 Page 2 01_Democracy_001-028 31/10/08 16:45 Page 3 1 2 3 Introduction 04 5 6 7 8 9 10 11 1. 12 13 There has been much discussion in recent years concerning ‘religion and 14 the state’ in Islam, and the ‘application of Islamic shar∞≤ah’. In most of the 15 works on the subject, regardless of their authors’ different approaches, 16 motives or points of view, there has been a noticeable belligerent tone, 17 explicit in some, implicit in others. This belligerent discourse is usually 18 motivated by a desire to invalidate the rival opinion more than anything 19 else. It is a discourse of equivocation and refutation, which ultimately 20 attains no new knowledge and proves no fact. Some authors have tried to 21 avoid open controversy and have sought instead a ‘new point of view’ or 22 a ‘contemporary reading’. In so doing, they mostly start from hypotheses 23 with no basis in the religious texts or in the historical Arab-Islamic expe- 24 rience, or they resort to a far-fetched interpretation of some texts. 25 Some of these controversies and readings ignore, intentionally or other- 26 wise, the difference between the cognitive and the ideological; between his- 27 torical facts and mere whims or personal desires, whether in their own 28 discourse or in that of the opponent; in the discourse of creeds, sects, 29 ‘intellectuals’ or mujtahid∑n (jurisprudents who derive legal rulings 30 1 through the interpretive process of ijtihÆd), both past and modern. This 31 is a serious methodological fallacy. The subject of religion and state, and 32 the application of the Islamic shar∞≤ah, is influenced by politics and its 33 related needs and logic. It may be said most authorities referred to by con- 34 temporary scholars have been geared, one way or another, to suit their 35 modern political situations. When the scholar has certain political persua- 36 sions to affirm, the truth will certainly be lost in a labyrinthine political 37 wilderness of the past and the present. 38 My aim from these cursory remarks is to emphasize the necessity of 39 establishing an authority more advanced and credible than sectarian 40 01_Democracy_001-028 31/10/08 16:45 Page 4 4 DEMOCRACY, HUMAN RIGHTS AND LAW IN ISLAMIC THOUGHT authorities or those which were basically formulated as a point of view in support of a certain political stand. The most advanced and original of all authorities, in the historical Arab-Islamic experience, is the conduct of the Companions at the time of the RÆshid∑n (Orthodox) Caliphs. Just as the texts of the Qur≥Æn and sunnah did not legislate for the concerns of gov- ernment and politics, nor did they address the relation between religion and state in the same clear-cut and precise manner as they did other mat- ters, such as marriage and inheritance. It follows that the basic authority, if not the only one, in the field of the relation between religion and state, and the application of the Islamic shar∞≤ah, is based on the conduct of the Companions. It was they who practised politics, established the state and applied al-shar∞≤ah on the basis of a genuine understanding of the spirit of Islam, prior to all other types of understanding which accompanied the various types of contention in the history of Islam, beginning with the one which flared between ≤Al∞ bin Ab∞ ∏Ælib and Mu≤Æwiyah.
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