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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.

the report also said that the reasons for losing one's citizenship have become more ‘nebulous and undefined’, thereby increasing the likelihood of the arbitrary action

No citizenship had been revoked in the thirty years prior to Abu Hamza, a Muslim preacher who was stripped of his nationality in 2003. Since then, the citizenship of at least 217 people has been removed

Western Europe may respond, indeed is responding, to Muslim political assertiveness in two opposing ways, based on its response to two controversies that erupted in 1989: the Salman Rushdie affair in the United Kingdom and the headscarf affair in France.

too many European governments discourage Muslim self-representation in politics and civil society and prefer to initiate debates about Islam’s relationship to national identity in which Muslims are the objects of discussion rather than participants in it

Western Europe will not be able to integrate its growing population of Muslims into its national polities without rethinking political secularism. This will be much easier where moderate secularism and multiculturalism prevail, as opposed to a more radical form of secularism. European nations must oppose radical secularism, antipathy to public religion, and the trampling and alienating effects this tendency is having on religious freedoms and a growing European Muslim population.

Just as European citizens and governments must oppose the extreme nationalism that is asserting itself across the continent, they must also turn away from extreme secularism which, apart from in France, is not the Western European way. Affirming its historically moderate secularism, and adapting it to accommodate a multifaith national citizenry, represents Europe’s best chance for finding a way forward.