On Islamic Constitutionalism: Ideas of Hashim Kamali and Khaled Abou El Fadl
By
Adis Duderija, New Age Islam
23 May 2024
In the
discourse surrounding Islam and constitutionalism, two progressive Muslim scholars, Hashim Kamali and Khaled Abou El
Fadl, offer insightful perspectives on the compatibility of Islamic principles
with the tenets of constitutional governance. They argue that the Islamic
system of rule is rooted in a commitment to fundamental principles rather than
a rigid preference for a specific institutional format. It is within this
context that an Islamic government can reflect the political mandate,
consultative processes, rule of law, limited authority, respect for
individuals’ rights and welfare, and commitment to equality and justice.
Furthermore, both scholars emphasize that constitutionalism, with its emphasis
on checks and balances and the restraint of power, is not only just and
virtuous but also aligned with the objectives of Shari’a. This article delves
into their perspectives, highlighting the importance of Islamic
constitutionalism in achieving a harmonious society that upholds both religious
principles and the rule of law.
Hashim Kamali
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The
Principles of Islamic Government:
Kamali’s
perspective underscores the notion that an Islamic government is founded upon a
commitment to principles rather than a specific institutional model. The crux
of such a government lies in its elective and consultative nature, wherein
political authority is derived from the people. This form of government
recognizes the rule of law and operates within its confines. It is also limited
in scope, focusing on safeguarding people’s rights and welfare while remaining
a trustee of their trust. Moreover, an Islamic government upholds the
principles of equality and justice, respects individual autonomy and freedom,
and protects and promotes the Islamic faith. It is inclusive, embracing
differences of opinion and accommodating religious and cultural pluralism,
allowing non-Muslims to freely practice their own religion and adhere to their
customary laws in personal matters. In essence, an Islamic government,
irrespective of its organizational form, adheres to these principles and can be
deemed Islamic.
The
Compatibility of Constitutionalism and Shari’a:
Abou El
Fadl further explores the compatibility between constitutionalism and Islamic
principles, particularly Shari’a. He argues that constitutionalism’s primary
objective, which is to curb and prevent the abuse of power, aligns with the
broader objectives of Shari’a. By placing strict limits on government authority
and defining the powers of rulers, constitutionalism ensures justice, virtue,
and the preservation of individual rights, all of which are integral to Islamic
teachings. The restraint of power not only prevents excesses and corruption but
also upholds the principles of fairness and accountability. Abou El Fadl
highlights that constitutionalism, when implemented justly, serves as a means
to fulfil the objectives of Sharī’ah, as it safeguards the well-being and
rights of individuals within a framework of moral and ethical values.
Khaled Abou el-Fadl
------
The
Benefits of Islamic Constitutionalism:
Islamic
constitutionalism offers numerous benefits to societies in Muslim-majority
countries. By combining Islamic principles with constitutional governance, it
creates a system that upholds fundamental rights, promotes justice, and ensures
the equitable treatment of individuals. It provides a framework that allows for
the peaceful coexistence of diverse religious and cultural communities,
respecting their autonomy and granting them the freedom to practice their
faith. Islamic constitutionalism also instills a sense of accountability and
transparency, as governments are bound by the rule of law and subject to checks
and balances. Furthermore, it facilitates social stability by addressing the
needs and welfare of the people, making their well-being a central focus.
The
perspectives of Kamali and Abou El Fadl shed light on the compatibility between
Islam and constitutionalism, emphasising that the Islamic system of rule is
based on core principles rather than a specific institutional format. Islamic
constitutionalism, when properly implemented, provides a framework that upholds
the values of justice, equality, and accountability while respecting religious
pluralism and individual autonomy. By combining the principles of Islam with
the virtues of constitutional governance, societies in Muslim-majority
countries can strive towards a system that fosters harmony, protects individual
rights, and ensures the well-being of all citizens. Islamic constitutionalism,
as envisioned by these scholars, presents a path towards virtuous, inclusive,
and just governance that can bridge the gap between religious principles and
the rule of law.
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A decades old patron of New Age Islam, Dr Adis
Duderija is a Senior Lecturer in the Study of Islam and Society, School of
Humanities, Languages and Social Science; Senior Fellow Centre for Interfaith
and Intercultural Dialogue, Griffith University | Nathan | Queensland |
Australia. His forthcoming books are ( co-edited)- Shame, Modesty, and Honora in Islam and Interfaith Engagement Beyond the Divide (Springer)
New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism