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• W7778325 abstract "The author questions whether concurrent and simultaneous moral and normative commitments to Islam and to a democratic form of government are reconcilable or mutually exclusive. The author will argue in this Article that it is indeed possible to reconcile Islam with a commitment in favor of democracy. The author will then present a systematic exploration of Islamic theology and law as it relates to a democratic system of government, and in this context, address the various elements within Islamic belief and practice that promote, challenge, or hinder the emergence of an ideological commitment in favor of democracy. In many ways, the basic and fundamental objective of this Article is to investigate whether the Islamic faith is consistent or reconcilable with a democratic faith. As addressed below, both Islam and democracy represent a set of comprehensive and normative moral commitments and beliefs about, among other things, the worth and entitlements of human beings. The challenging issue is to understand the ways in which the Islamic and democratic systems of convictions and moral commitments could undermine, negate, or validate and support each other. ISLAM AND THE CHALLENGE OF DEMOCRATIC COMMITMENT Dr. Khaled Abou El Fadl* The question I deal with here is whether concurrent and simultaneous moral and normative commitments to Islam and to a democratic form of government are reconcilable or mutually exclusive. I will argue in this Article that it is indeed possible to reconcile Islam with a commitment in favor of democracy. I will present a systematic exploration of Islamic theology and law as it relates to a democratic system of government, and in this context, I will address the various elements within Islamic belief and practice that promote, challenge, or hinder the emergence of an ideological commitment in favor of democracy. In many ways, the basic and fundamental objective of this Article is to investigate whether the Islamic faith is consistent or reconcilable with a democratic faith. As addressed below, both Islam and democracy represent a set of comprehensive and normative moral commitments and beliefs about, among other things, the worth and entitlements of human beings. The challenging issue is to understand the ways in which the Islamic and democratic systems of convictions and moral commitments could undermine, negate, or validate and support each other. At the outset of this Article, I make no apologies for my conviction that separate and independent commitments in favor of Islam and in favor of democracy are morally desirable and normatively good. The problem is to facilitate the co-existence of both of these desirable moral commitments and, to the extent possible, to guard against a situation in which the one challenges and negates the other. As discussed below, in my view, reconciliation, and perhaps cooperation, between Islam and democracy is challenging but absolutely necessary. * Dr. Khaled Abou El Fadl was recently appointed by President Bush as a Commissioner to the U.S. Commission on International Religious Freedom. Dr. El Fadl is a Visiting Professor of Law at Yale Law School and Professor of Law at the University of California, Los Angeles. He is one of the leading authorities on Islamic law in the United States and Europe. He holds a B.A. from Yale University, aJ.D. from the University of Pennsylvania Law School, and an M.A./Ph.D. from Princeton University. Dr. El Fadl is grateful to his wife Grace, for her invaluable feedback and assistance, and would also like to thank Anver Emon, his research assistant, for his diligent work on this paper. ISLAM AND DEMOCRATIC COMMITMENT 5 At the very outset of this Article, the first issue that ought to be addressed is the ideal form of government in Islam. A jurist writing a few centuries ago on the subject of Islam and systems of government would have commenced his treatise by separating all political systems into three broad types.' The first system is a natural system that approximates a primitive state of nature. This is an uncivilized system of lawlessness and anarchy, in which the most powerful in society dominate and tyrannize the rest.2 In such a system, instead of law, there would be custom, and instead of government, there would be tribal elders who are respected and obeyed only as long as they remained the strongest and most physically able.' The second system is dynastic. Such a system is based not on custom, but on laws issued by a king or prince.4 According to Muslim jurists, such a system would be illegitimate as well.5 Because the king or prince is the source of law, the system is considered baseless, whimsical, and capricious.6 In such a system, people obey laws out of necessity or compulsion, but the laws themselves are illegitimate and tyrannical.7 The third system, and the most superior, is the Caliphate, which is based on Shari'ah law.8 Shari'ah law, according to Muslim jurists, fulfills the criteria of justice and legitimacy, and it binds the governed and governor alike.' Because the government is bound by a higher law that may not be altered or changed, and because the government may not act whimsically or outside the pale of law, the Caliphate system is superior to any" @default.
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• W7778325 date "2007-08-12" @default.
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• W7778325 title "Islam and the Challenge of Democratic Commitment" @default.
• W7778325 doi "https://doi.org/10.1163/22138617-08702002" @default.
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