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What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.
What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.
The overtly secular state of Singapore has unapologetically maintained an authoritarian approach to governance in the realm of religion. Islam is particularly managed by the state. Muslim activists thus have to meticulously navigate these realities - in addition to being a minority community - in order to maximize their influence in the political system. Significantly, Muslim activists are not a monolith: there exists a multitude of political and theological differences amongst them. This study analyses the following categories of Muslim activists: Islamic religious scholars (ulama), liberal Muslims, and the more conservative-minded individuals. Due to constricting political realities, many activists attempt to align themselves with the state, and call upon the state to be an arbiter in their disagreements with other factions. Though there are activists who challenge the state, these are by far in the minority, and are typically unable to assert their influence in a sustained manner.
"This is an excellent book which will have a major impact on the current debate about the relationship between Islam and politics in Indonesia. Its greatest strength is its innovative characterization of three Indonesian Muslim models of polity, as opposed to the normal two, Islamic state and secular state. Assyaukanie brilliantly delineates a third model, which he calls the Religious Democratic State, in the process greatly clarifying our understanding of the previous models, which he now proposes to label the Islamic Democratic State and the Liberal Democratic State. Another strength of the book is methodological. Each of its arguments is solidly grounded in the thoughts and actions of particular players, Indonesian Muslim thinkers and activists." - Professor William R. Liddle, The Ohio State University, USA
What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.
The institutionalization of Islam in the West continues to raise many questions for a range of different constituencies. Secularization represents much more than the legal separation of politics and religion in Europe; for important segments of European societies, it has become the cultural norm. Therefore, Muslims' settlement and their claims for the public recognition of Islam have often been perceived as a threat. This volume explores current interactions between Muslims and the more or less secularized public spaces of several European states, assessing the challenges such interactions imply for both Muslims and the societies in which they now live. Divided into three parts, it examines the impact of State-Church relations, 'Islamophobia' and 'the war on terrorism', evaluates the engagement of Muslim leaders with the State and civil society, and reflects on both individual and collective transformations of Muslim religiosity.
The history and politics of secularism and the public role of religion in France, India, Turkey, and the United States. It interprets the varieties of secularism as a series of evolving and contested processes of defining and remaking religion, rather than a static solution to the challenges posed by religious and political difference.
Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state. Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.
Comparing policy in America, France, and Turkey, this book analyzes the impact of ideological struggles on public policies toward religion.
The book offers a nuanced and innovative analyses of the emergence of an inclusive secular democratic state paradigm which incorporates the sacred within the framework of secular democracy in the Muslim World.