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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.

since they do not know much about their religion, people have been seeking religious knowledge  in TV channels. Yet this has been problematic, as these Islamist channels sometimes advocate conflicting opinions and versions of Islam. Here, they say, lies the importance of Zitouna in providing religious stability and unity.

government will organize a national scientific congress by the end of 2012 to discuss new strategies for Zitouna. The Ministry of Religious Affairs, along with the ministries of Higher Education and Scientific Research, and the Ministry of Education  have the task of organizing the conference.

In an interview with journalists before leaving the Kingdom, Jebali assured the Saudis that Tunisians are not interested in exporting their revolution or interfering in the affairs of other countries. He made this claim just three days before his country was scheduled to host an international conference to “exert more pressure on the Syrian regime.” More accurately, Jebali should have said that his country is not interested in interfering in the affairs of rich States of Gulf.

the most significant achievement of the ruling Islamist parties is relativizing religious discourse.

The Tunisian and Egyptian elections, however, have unveiled the profuse diversity within Islamism. The Muslim Brethren now face formidable competition from at least three other Islamist groups including the al-Nur Party which won over 24% of the votes. In Tunisia, Ennahda is under constant pressure by Salafis and al-Tahrir Party Islamists who did not field their own candidates in the October 23 elections. In Morocco, the Islamist party (Justice and Development) won decisive number of seats in the recent parliamentarian elections but remains challenged by the more popular Islamist movement, al-Adl wa-‘l-Ihsan, that shunned elections under the watch of a monarch.

Despite the short-term instability that will accompany the Arab revolutions, the future of the Arab world is promising. Excluding Islamists deprived the peoples of the region of the extraordinary opportunities to develop their societies, preserve human dignity, and take pride in belonging. Their rise to power is moderating their views and teaching them a lesson in humility and realism. The emergence of different Islamist parties is a path towards innovation and reform in modern Islamic thought and practice. The new spread of elections endorses the universal idea that people are the only true sovereign, and should have the opportunity to choose their public servants through fair and transparent elections. 

Mainstream Muslim clerics almost universally see the inheritance rules as enshrined in the Quran, Islam’s holy book, and consider the rules on marriage to be equally unquestionable in Shariah. Most Muslim-majority countries in the Mideast and Asia enforce the rules since they use Shariah as the basis for personal status and family law

The first president of independent Tunisia, Habib Bourguiba, championed a landmark social code in 1956 that set a standard for the region by banning polygamy and granting new rights to women unheard of in the Arab world at the time. But even he didn’t dare push for equal inheritance.

the proposals sparked a heated debate on social media networks among Egyptians. Supporters of Essebsi’s initiative said Al-Azhar was showing its true colors as a bastion of religious militancy

Muslim parents who see the inheritance laws as unjust often resort to putting assets in their daughters’ names during their lifetimes. In Lebanon, some Sunni men convert to Shiism to take advantage of what they see as the minority sect’s more equal treatment of women when it comes to inheritance. Tunisia is overwhelmingly Sunni.

There are some Muslim theologians who argue that the one-half inheritance for women is not absolute in the Quran and that it is open for reinterpretation to fit the Quran’s requirements for justice and equality. Still, the mainstream view is deeply entrenched. In Tunisia, the country’s leading imams and theologians issued a statement denouncing the president’s proposals as a “flagrant violation of the precepts” of Islam.

Several analysts suggest the president is trying to win back support from women who supported him widely in 2014 elections for his modernizing program, but then grew disillusioned after he allied with the Islamist party.