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>.