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Ed Webb

Why Muslim-majority countries need secular citizenship and law-making | openDemocracy - 0 views

  • once a political system is based on a religion, it is almost impossible to define the citizens who do not follow that religion as “first class.” In Iran and Iraq, rising legal and political influence of Shiism has led the discrimination against Sunni citizens, and in Pakistan and Egypt the opposite has happened, to a certain extent. Moreover, several Christian and non-Muslim minorities have faced discrimination by various means, including apostasy and blasphemy laws, in Sudan and Malaysia, among other cases.
  • Truly maintaining equal citizenship to all regardless of their religious identities is crucial for Muslim-majority countries to achieve democratization, consolidate the rule of law, and end sectarian and religious tensions.
  • equal citizenship in Muslim-majority countries will empower those who defend rights of Muslim minorities facing persecution and even ethnic cleansing in such cases as China, India, and Myanmar, and experiencing Islamophobia in western countries. By maintaining the rights of their own minorities, Muslim-majority countries may gain stronger moral and legal grounds to defend rights of Muslim minorities at the global level.
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  • Islamic jurisprudence inherently contradicts democratic politics
  • In the twentieth century, secularist rulers adopted secular legal systems in Turkey, Iraq, Tunisia, and several other Muslim-majority cases. These assertive secularist regimes were mostly authoritarian. Therefore, they did not allow the law-making processes to be truly participatory. Secularism appears to be necessary but not sufficient for participatory legislation, too.
  • As my new book Islam, Authoritarianism, and Underdevelopment: A Global and Historical Comparison explains, there existed a certain level of separation between religious and political authorities in the first four centuries of Islamic history.That is why the first systematic book about “Islamic” politics was written as late as the mid-eleventh century. It was Mawardi’s The Ordinances of Government. The book argues that an Islamic government is based on a caliph (an Arab man from the Quraish tribe) to rule all Muslims. The caliph holds the entire political and legal authority and stays in power for life. The caliph delegates his legitimate authority to sultans, governors, and judges.The second book, which systematically defines an Islamic political system, was written in the early fourteenth century. It is Ibn Taymiyya’s Sharia-based Governance in Reforming Both the Ruler and His Flock. Instead of the one-man rule of a caliph, this book emphasizes the alliance between the ulema and the state authorities. Ibn Taymiyya interprets the only phrase in the Quran about authority, “uli’l-amr” (4:59), as referring to the ulema and the rulers (though other scholars have interpreted it differently).
  • To implement Mawardi’s idea of caliphate today would imply to establish an extreme autocracy. Ibn Taymiyya’s ideas are not helpful to solve modern political problems either. In fact, the ulema-state alliance is the source of various problems in many Muslim-majority countries.
  • To maintain a certain level of separation between Islam and legal systems may limit the exploitation of Islam for political purposes.
  • recent Islamization (at the political, legal and ideological levels) has weakened secular fundamentals of citizenship and law-making in many Muslim-majority countries.
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