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We better make at the outset a
preliminary distinction between
Political (otherwise called
Minimal, Procedural or Formal)
democracy and the Liberal
democracy. Whereas the former is
less problematic in terms of
compatibility with Islam the
latter creates all sorts of
problems and questions. By
political democracy I mean
separation of powers, an
independent and powerful
judiciary, an accountable ruler
elected by people and of course
a consultative assembly for
legislation. These are fairly
clear and well known.
As to the separation of
powers I do not think that
any serious scholar in the world
of Islam would find any
'unislamic' element in it. I am
not saying that it can
be derived from the Quran and
sunna, all I am saying is that
it is compatible with the corpus
of Islamic teachings.
The independent Judiciary is
what Muslims have been always
proud of and have taken its
materialization as their
religious duty.
Checking, conrolling and
supervising the ruler is
embedded in the wide concept of
Amr bel Maaroof and Nahy anel
Monkar. In our time this can be
secured by means of free press
and media.
Legislation is the big issue
here. Muslims need a theory of
Presentation and a theory of
Binding consultation. None of
these two have been worked out
fully. The theory of agency
(Vekala) in the classical Fiqh
is by no means enough. We need a
meta theory here and that is not
to be looked for in the body of
Fiqh, rather we have to revise
our theories about man, law,
revelation and even God. Let us
not forget that Islam is nothing
but a series of interpretations
of Islam, therefore we need a
total reinterpretation rather
than a local minor redress.
Liberal democracy has got a
different story. Its extravagant
support of 'human rights'
including the right to same sex
marriage etc is so repulsive to
a Muslim mind that may
compromise the whole issue of
democracy in this part of the
world. |
