Towards a civic democratic islamic discourse I I islam state and citizenship

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This book is an anthology of the research and working papers prepared by؟ group of thinkers and intellectuals from the Arab and Muslim Worlds. The common themes of the research are: towards؟ civic democratic Islamic discourse and to represent؟ modern view of the state, the regime and the rights of individuals and communities. Some papers were written from an authentic Islamic perspective both modern and revivalist, others debated and positively challenged from outside this discourse, but with the aim of developing it and enabling it to face the challenges of our times.

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Published 01 January 2010
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EAN13 9796500030166
Language English
Document size 1 MB

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T o w a r d s a C i v i c D e m o c r a t i c I s l a m i c D i s c o u r s e I I I s l a m State and Citizenship
T o w a r d s a C i v i c D e m o c r a t i c I s l a m i c D i s c o u r s e I I I s l a m State and Citizenship
First Edition 2010
Towards a Civic Democratic I s l a m i c D i s c o u r s e I I I s l a m State and Citizenship
Copyright: Al-Quds Center for Political Studies  And Konrad-Adenauer-Stiftung
Translated By: Prof. M. F. Elshayyal Coordination: Hala Kh. Salem Layout: Maisa Khalaf Cover design: Dar Alfan “Art House”
Al-Quds Center for Political Studies 7, Haifa Street, Jabal El Hussein Amman (11121) – Jordan P.O.Box: 213566 Tel: + 962 – 6 – 5651931  + 962 – 6 – 5651932  + 962 – 6 – 5690567 Fax: + 962 – 6 – 5674868 E-mail:info@alqudscenter.org Web:www.alqudscenter.org
Konrad-Adenauer-Stiftung e.v Amman Ofîce 23, Isma`eel Haqqi Abdoh St. - Sweiîeh P.O. Box 831025 11183 Amman / Jordan Tel: +962-6-59 29 777 Fax: +962-6-59 33 087 Email:info.jordan@kas.de Web:www.kas.de
240/1/2010/D
ISBN: 978-9957-427-22-1
I n d e x of Contents
Foreword by Al-Quds Center for Political Studies7 Oraib Al-Rantawi, General Director of Al-Quds Center for Political Studies / Jordan Foreword by Konrad-Adenauer-Stiftung9 Michael Däumer,Resident Representative, Konrad-Adenauer-Stiftung / Jordan Section One The State and Government System Islamic State and Religious State13 Abou El-Ela Mady, Leadership of the New (Wasat)Party / Egypt General Features of the State and the Political System in Islam23 Mohammad Shariati Dehaghan, Researcher and Advisor to Former Iranian President Khatami / Iran A useful and necessary synthesis: the islamicity of the Indonesian “pancasila”45 Ihsan Ali Fauzi, Researcher-International Center for Islam and Pluralism / Indonesia
Section Two Individuals Rights and Obligations Citizens’ Rights and Obligations65 Dr. Almurtada Al-Mahtawari, Member of Yemeni Scholars Association, Professor of Law and Legislation - Sana’a University / Yemen Citizenship in an Islamic Constitution: Suggestions and Dilemmas77 Sameh Fawzi, Researcher in Citizenship Rights / Egypt Apostasy and Freedom of Belief105 Dr. Hasan ‘Ali Al-Sa’uri, President of Al Neeleen University / Sudan Eligibility of Non-Muslims to Assume Power121 Dr. Wajih Kanso, Professor at the Lebanese University/LebanonOn the issue of women and public ofîce (al-wilayāt al-‘āmmah)143 Dr. Aicha El-Hajjami, Professor of Public Law- Marrakech University / Morocco Appendix Towards a Civic Democratic Islamic Discourse - II “Constitutionalism based on Islamic Values and Principles of Governance” The Final Communiqué189
Foreword by Al-Quds Center for Political Studies
* Oraib Al-Rantawi
his book is an anthologyofthe research and working papers prepared by T a group of thinkers and intellectuals from the Arab and Muslim Worlds. The common themes of the research are, towards a civic democratic Islamic discourse and to represent a modern view of the state, the regime and the rights of individuals and communities. Some papers were written from an authentic Islamic perspective both modern and revivalist, others debated and positively challenged from outside this discourse, but with the aim of developing it and enabling it to face the challenges of our times.
The book is part of a bigger project launched by Al-Quds Centre for Political Studies in collaboration with the Konrad Adenauer Stiftung, in May 2006, by holding the îrst conference whose theme was Towards a Civic Democratic Islamic Discourse. Months later, the îrst book of this series carrying the same title was published in both Arabic and English in 2007. It was warmly welcomed in political, intellectual and academic circles in many countries in the Middle East and worldwide.
The positive responses received after the îrst conference, had encouraged us to proceed further, and the second conference of the International Alliance of Civic Democratic Islam was held in Amman in early September 2007 under the title “Constitutionalism Based on Islamic Values and Principles of Governance”. This book comprises some of the papers presented at the conference as well as a selection of papers written at the request of the Centre. The latter were necessary for providing a deeper understanding of governance and individual rights, particularly women’s rights, and rights of religious minorities.
The book was translated into English in order to make it available for a wider readership and in search for more interaction among intellectuals from various cultures and societies who are concerned with the modernization of contemporary Islamic discourse. The translation was done by Professor Muhammad Farid Elshayyal of the Markîeld Institute of Higher Education, UK.
General Director of Al-Quds Center for Political Studies / Jordan. *
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In this book, as in the previous one, we are keen to link the theory with the practice. In other words we tried to redeîne the theory in the light of real experiences in the Muslim World. Thus, from Egypt, Abou El-Ela Mady writes on “Islamic State or Religious State”. Whilst Muhammad Shari‘ati’s contribution from Tehran is “A General View of the Political System and State in Islam”.From Indonesia, Mr. Ihsan Ali-Fauzi represented his paper on “the islamicity of the Indoesian ‘pancasila’ ”. These three papers constituted the part of the book which deals with the state and ruling systems.
As for the individual and group rights, Dr. Al-Murtada Al-Mahtawari, from the Yemen, writes on “Citizens’ Rights and Obligations”, from Lebanon,Dr. Wajih Kanso on “The eligibility of non-Muslims to positions of authority in a Muslim State”,from Mrocco,Dr. Aicha El-Hajjami paper “On the Issue of Women and Public Ofîce” and înally Professor Hasan ‘Ali al-Sa’uri from the Sudan on “Apostasy and Freedom of Belief”. In order to enrich the debate about individual and group rights in the Muslim states, we have included in this book the remarkable research by Sameh Fawzi, from Egypt, entitled: “Citizenship in the Islamic Constitutions - Hypotheses and Paradoxes”. The book also includes the concluding declaration of the conference and its recommendations for the beneît of the wider audience.
We will dedicate in the third phase of our project, great attention to the socio-economic dimension of the civic democratic Islamic discourse, since this is the theme of both our third conference and the third book entitled “Towards a Modern Islamic Reading of the Social Market Economy”. This conference made it possible for an in-depth dialogue on Islamic economic theory and the theory of Social Market Economy and its German applications in particular.
Needless to say that the remarkable response to the project’s activities were not to achieve such satisfying results without the strong demand for such activities at a time when extremism and exclusiveness have grown monstrously and defamation and distortion of the image of Islam increase at the hands of some of its followers who belong to archaic schools which reject development and progress and insist on stagnation, hence deserve extinction.
We, at Al-Quds Centre for Political Studies, would like to express our gratitude to our friends at the Konrad Adenauer Stiftung for their sincere cooperation and valuable support without which this project and all related activities would never have materialized.
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Foreword by Konrad-Adenauer-Stiftung
* Michael Däumer
or the Konrad Adenauer Stiftung, the publication of the conference F proceedings “Towards a Civic Democratic Islamic Discourse II” is timely and of fundamental relevance: How can Islamic values be translated into constitutional principles, and in what way are constitutionalism and the rule of law based on fundamental Islamic concepts of justice, equality, individual rights and responsibilities? Following up on the conference on “Towards a Civic Democratic Islamic Discourse” in 2006, which resulted in participants’ recommendation to study the relationship between constitutionalism and Islamic values in more depth, Al Quds Center for Political Studies has taken the initiative to realize this in a conference that aims at drafting a constitution based on Islamic values and its philosophy of governance. The results of this conference are presented in this publication.
Whoever agrees with and accepts the basic principles of a free democratic constitutional state will also promote the necessity and relevance of constitutional principles that organize the community, provide it with orientation, reect the overall self-conception of the nation and the state, and play an important part in creating a sense of identity among its citizens. While exploring the question how generally accepted constitutional principles can be harmonized with Islamic values and principles of governance, we have already taken a preliminary decision: we assume that a synopsis of both approaches is feasible. In discussing several fundamental issues the participants of the conference managed to formulate a “common vision” regarding the constitutional values and principles that are in line with the values and teachings of Islam. These form an adequate basis to disseminate a set of human values in Arab countries and communities as well as setting the right basis for a deep and comprehensive democratic transition processes that can never regress or turn into a setback.
The Konrad-Adenauer-Stiftung which has worked in the region for democracy,
Resident Representative, Konrad-Adenauer-Stiftung / Jordan. *
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