Overlapping Sacred Spaces: Islam, Pluralism and the Hegemony of ‘Human Rights’ Submitted by: Michael Arnold A dissertation submitted to the Islamic College in Collaboration with Middlesex University in accordance with the requirements of the degree of MA in Islamic Studies in the Faculty of Arts. Abstract: The focus of this research is the conceptualization of religious minorities in Islamic thought, the relationship of ‘human rights’ to religious freedom and pluralism, and the features of the Islam – human rights discourse as they relate to religious liberty and minority rights and explores the potential of an alternative to the human rights approach to pluralism and religious freedom based on Islamic universalism identified in the dissertation as ‘overlapping sacred spaces’. Such a study is important because of the increasing focus on the relationship between Islam and human rights in the wake of the Arab Spring and the emergence of extremist groups such as ISIS. The research approach adopted in this dissertation includes critically examining the concept of universal human rights and its relation to pluralism and religious freedom in conjunction with probing the Islamic tradition and history for scripturally rooted answers to the contemporary problem of pluralism. This dissertation recommends that further research be conducted into Islam’s theology of difference in addition as well as means of providing foundations for the affirmation of the religious other, in addition to necessary research in the field of practical implementation. Acknowledgements: I am first and foremost indebted to the staff at the Islamic College, particularly Mr. Rezaee and Mr. Ahmed Bawab who have seen me through some of the most challenging years of my academic, professional and personal life. I am also greatly indebted to my supervisor for pushing in me in the rights direction. I am indebted to my wife Nancy, who originally encouraged me to apply to MA Islamic Studies course at the Islamic College and for being patient with me through the years. Thank you for walking with me on this journey. I am indebted to my parents who constantly encouraged me and who were always willing to engage in critical discussions with me. To my friend and brother Talal who always pushed me to think critically during our conversations. Finally, no power or ability comes except through God, the most Gracious, the most Merciful. 1 Table of Contents 1. Introduction……………………………………………………………………………………………………….....4 1.1 Background……………………………………………………………………………………………….4 1.2 Research Focus………………………………………………………………………………………….6 2. The Divergent Concept of ‘Right’…………………………………………………………………………....7 2.1 The Distinction Between ‘Is’ and ‘Ought’………………….………………………………....7 2.2 The Concept of ‘Right’ in Western Philosophical-Legal Tradition ………………...8 2.3 The Qur’ānic Conception of ‘Right’…………………………………………………………....10 3. Human Rights, Pluralism and Religious Freedom………………………………………………..11 3.1 Universalism and Human Rights……………………………………………………………....11 3.2 The Islam – Human Rights Discourse………………………………………………………..14 3.3 The Human Rights Approach Religious: Liberty and Pluralism ………………….16 4. The Religious Other in Islam…………………………………………………………….………………….19 4.1 Non-Muslims in Islamic Law. ………………………….…………………………………….....19 4.2 Competing Perspectives in Classical Islamic Discourse: Universalistic vs. Communalistic Perspectives…………………………………………………………………………..22 2 4.3 A Legacy of Pluralism: Non-Muslims Under Muslim Rule.…………………………………………………………………………………………………………………..24 5. Contemporary Muslim Responses to Pluralism and Minority Rights……………………………………………………………..…………………………………………………...…..27 5.1 Overview……………………..…………………………………………………………………............27 5.2 ‘Conservative’ Approaches: The Imperative of the Legal……………………………………………………………………………………………………………….…28 5.3 Liberal Approaches: The Search for an ‘Overlapping Consensus’ ...…………….31 6. Islamic Universalism and the Concept of ‘Overlapping Sacred Spaces’…………...……34 6.1 Islamic Universalism and the Moral Imperative of Ijtihād…………………………...34 6.2 Theological Roots of Islamic Universalism………………………………………………..35 6.3 The ‘Medina Document’ ………………………………………………………………………......36 7. Conclusion………………………………………………………………………………………………………...…37 Bibliography………………………………………………………………………………………………………...…39 3 1. Introduction 1.1 Background The modern states that make up today’s Muslim world1 are composed of individuals from a diverse array of linguistic, ethnic and religious backgrounds. Even in states where Muslims form a large majority, there continues to exist significant numbers of religious and ethnic minorities. This diversity in turn, gives rise to a series of important and potentially divisive questions, which present challenges related to issues of political representation, political and social autonomy and religious liberty. Finding morally defensible and politically viable answers to these questions is one of the greatest challenges of our time. The framework of international human rights, premised as it is on equality between all human beings “without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion”2 is the primary framework in which the efficacy of approaches to diversity have been, and continue to be evaluated. Thus, any system or approach that gives the appearance of violating the principles of equality outlined in various the conventions which form the backbone of the human rights framework is deemed illegitimate, in as much as they are deemed to contradict the predominant understanding of human rights. The classical Islamic formulation regarding non-Muslim minorities, based as it was on categories of exclusion, is problematized as an impediment to the realization of the human rights project in predominantly Muslim societies. Consequently, for this and other related reasons, Islam is often perceived as a monolithic entity and treated in the literature as a ‘challenge’ to the human rights project, reflecting what Sabah Mahmood refers to as “Islam’s burden of proving its compatibility with liberal ideas…”3 According to Mahmood, rather than asking how Muslims can become better liberals, we may be better served by asking how the world is (or can be) lived differently, 1 defined as the ORIC 2 Universal Declaration of Human Rights, Article 2, http://www.un.org/en/documents/udhr/. 3 Mahmood, S., “Is Liberalism Islam’s Only Answer?”, in Abou el Fadl, K., Islam and the Challenge of Democracy, ed. Cohen, J. and Chasman, D., (Princeton: Princeton University Press, 2003), p. 74. 4 confronted as we are with the historically unprecedented homogenizing force of modernity that does not allow space for alternative visions.4 The nature of the relationship between Islam and human rights has received a great deal of attention in academia, and has become a common point of discussion in public discourse particularly in light of the uprisings that have shaken the predominantly Muslim Arab middle east since 2011. This discussion is situated within the larger discussion regarding the universality of human rights and covers a broad range of issues related to Islam and the realization of human rights in the Muslim world.5 Claims to have re-established the shariah as the basis of governance by groups such as ISIS and musings to resuscitate a largely mutated form of the classical provisions of minority law have provoked anxiety amongst non-Muslim citizens of states undergoing Islamization programs. Consequently, the issue of religious liberty and minority rights in Islam has received a significant amount of attention. This is due in no small part to the prevalent view that Islam is an impediment to the realization of human rights in the Muslim world and irreconcilable with modern understandings of equality. As a result, contemporary approaches to issues of human rights and pluralism in Islam and the issue of religious minorities in Muslim societies have generally adopted models based on a Rawlsian understanding of political liberalism. Despite the usefulness of this approach in highlighting the significant spaces for overlapping consensus between divergent comprehensive doctrines and visions of the ‘good’, they have generally failed to take into account the normative history of the Islamic tradition with regards to pluralism. Additionally, the nature of the discourse itself effectively negates Islam’s theological potential to foster an alternative vision in response to the challenge of pluralism based on the concept of ‘overlapping sacred spaces.’ (Needs brief definition) As part of the ongoing exploration of solutions to the challenges of religious pluralism this paper seeks to critically examine the conceptualization of minority rights in Islamic thought with the purpose of exploring Islam’s theological potential to foster an alternative 4 Ibid. 5 Baderin, Mashood A. ''Islam and the Realization of Human Rights in the Muslim World: A Reflection on Two Essential Approaches and Two Divergent Perspectives''. Muslim World Journal of Human Rights 4, no. 1 (2007) 5 to the homogenizing tendency of modernity based on the concept of overlapping sacred spaces and what Arnold Toynbee referred to as the Islamic tradition of the brotherhood of man.6 1.2 Research Focus A major focus of this research is on developing a critical understanding the human rights discourse, as it is imperative to developing an analytical perspective from which to view the vast body of literature on the subject. Since the literature on Islam and human rights is primarily comparative in nature,