Вы находитесь на странице: 1из 4

LAW 260 1

Hafsa Durrani 16090005


LAW 260: Islamic Jurisprudence
23 Feb 2014
Do we need an Islamic State?
In order to be a Muslim by conviction and free choice, which is the only way one can be a
Muslim, I need a secular state, (An-Naim).
Before one may assess the merits or demerits of an Islamic State one has to first define what an
Islamic state is and how is it in contrast to a secular one. A true Islamic state is one in which no
law is repugnant to the injunctions of Quran or Sunnah and the laws are framed by the agreement
of renowned and knowledgeable ulema. Conversely, a secular state is one in which Islam is a
private matter for individuals and the state, remaining neutral, passes the laws of the land.
However a state, being a democratically elected institution, can never remain completely neutral
as it is supposed to reflect and preserve the beliefs and values of its citizens. But declaring a state
religion does not guarantee such protection; in fact it will only lead to abuse of the citizens and
their rights. Therefore, before declaring a state as Islamic, the government needs to understand
what are the functions of an Islamic state? And by doing so will it actually provide an
environment that is conducive to being a better Muslim? Or is it just a shield for the authorities
to shelter themselves from the responsibilities owed by them to the people?
The states power to impose its religious ideologies onto its citizens is dangerous for both, itself
and its citizens. It may corrupt state officials and cause unnecessary oppression of people,
especially of minorities. Such behavior was practiced by the tax collectors in Egypt, who used to
LAW 260 2

prohibit non-Muslims from riding on horses or donkeys within the city limits and prescribing
that they wear distinctive clothing in public and bells around their necks when visiting public
bathing facilities, (Noorani 45). Such arbitrary decisions are unfair not just for non-Muslims
but for Muslims as well. Every Muslim is supposed to observe Shariah out of religious
obligation, but if a state coercively imposes its view of Shariah on the public then no one will be
able to truly implement it in their lives. If a person is a true believer he/she will never require an
authority telling him/her how to practice his/her religion. Honest conviction comes from within
ones heart. To let the people freely choose how to follow their religion is the effective way to
enhance and promote the role of Islam in the public life of the community, (An-Naim). It may
also cause disruptions in the cordial living of people belonging to different sects as there are
many disagreements between the scholars of the various sects over vital matters. Whose Islam
will the state advocate? And on what basis can a state choose one sects interpretations over the
others?
As a concept an Islamic state has no historical origins. Even during the Caliphate, the Caliph, a
Muslim, might proclaim Islam a State religion [but] not always though, (Noorani 29). The
notion of a single Caliph, exercising supreme religious authority over all the Muslim people, is
one which has come out of books, not reality, (Noorani 32). An absolute Islamic state can never
be fully realized unless or till every citizen is free from all other influences in their lives. Abul
Ala Maududi spoke of such a utopian environment required for an Islamic state to effectively
function. Maududi said that even though an Islamic state is needed for enforcing Shariah law, but
when it comes to the implementation of the law people tend to take it, out of their context and
jeer at them. But they do not realize that those provisions are to be viewed with the background
of the whole Islamic system of life covering the economic, social, political and educational
LAW 260 3

spheres of activity. If all these departments are not working, then those isolated provisions of our
Penal Code can certainly work no miracles, (Maududi 55). He provides the example of the
punishment prescribed for fornication and adultery. For unmarried persons the punishment is a
hundred stripes and if the accused parties are married, it is stoning to death. Maududi says that
such punishments can be applied in a, society wherein every trace of suggestiveness has been
destroyed... These punishments are not meant for that filthy society wherein sexual excitement,
is rampant and wherein economic conditions and social customs have made marriage
extremely difficult, (Maududi, 56). So according to him it would be difficult to implement
Shariah law on the private behaviors of the citizens. The state would have to employ highly
intrusive measures to stay informed of the activities of all its citizens in order to curtail
transgressions. Such an encroaching practice of the state will face great objections from the
public because their rights would be violated. This can prove to be a significant problem for any
state that claims to be Islamic.
The debate over an Islamic versus a secular state will have vocal supporters on either side; each
side backing their own agendas, agendas which usually have nothing to do with Islam or the
betterment of the society. The Quran does not aim to create a state but to create a society. Hence
whatever the form and shape of the state, if the Quranic society is realized in it, it may bear the
designation of the Islamic state, (Khan 4). Thus, there is no need for any government to
explicitly declare a religion for a state. If the state really wants to promote Islamic values within
a society it should not use the force of the sword but rather provide the freedom to individuals
to make their own choices and in that way Shariah will flourish without coercion. The sublime
faith called Islam will live even if our leaders are not there to enforce it. It lives in the individual,
in his soul and outlook, in all his relations with God and men, from the cradle to the grave, and
LAW 260 4

our politicians should understand that if Divine commands cannot make or keep a man a
Musalman, their statutes will not. Nor will an Islamic State, (Noorani 55).

Works Cited
Khan, Qamar-ud-din. Al-Marwardis Theory of State. Lahore: Bazm-e-Iqbal, 1979. Print
Maudd, Ab Al-Al. The Islamic Law and Constitution. Lahore: Islamic Publications, 1967.
Print.
Nam, Abd Allh Amad. Islam and the Secular State: Negotiating the Future of Sharia.
Cambridge, MA: Harvard UP, 2008. Print.
Noorani, A. G. "The Islamic State: A Mirage." Criterion 4.3 (2009): 28-55. Web.
<http://www.criterionquarterly.com/pdf/Criterion%20Vol%204%20No%203.pdf#page=2
8>.

Вам также может понравиться