Defining Islamic Statehood [recurso electrónico] : Measuring and Indexing Contemporary Muslim States

This groundbreaking book offers in-depth analysis of the modern Islamic state, applying a quantitative measurement of how Muslim majority nations meet the definition. Content for the book was developed through extensive debate among a panel of distinguished Sunni and Shia Muslim scholars over seven years. Cover 1 Half-Title 2 Title 4 Copyright 5 Dedication 6 Contents 8 List of Illustrations 11 Acknowledgments 12 The Participants 14 Introduction 18 The conference of scholars 20 Measuring Islamicity 21 Conversation: why is the Shariah index project important? 23 Part I Defining an Islamic State and Rule of Law 32 1 Shariah and the Objectives of Islamic Law 33 What is Shariah? 33 Can Shariah evolve? 35 Islamic law: any law that is not un-Islamic 37 Can we adopt Western concepts and terms into our tradition? 37 Conversation: does the Shariah have a theory of “human rights”? 39 The rule of Shariah: the Muslim understanding of the rule of law 42 What are the Maqasid ? 43 Classical origins 43 Contemporary approaches to the Maqasid 44 What is the primary purpose and most important function of an Islamic State? 46 Implications of a Maqasid -based approach 47 The Maqasid and the Hudud 49 2 Islamic State: Foundations 52 Does the Qur’an require Muslims to establish a state or any political order? 52 How did the term “Islamic State” arise? 54 Have we always called ourselves Muslims and our institutions Islamic? 55 How did the term “Islamic State” become an entrenched concept in contemporary discourse? 55 Can a state be Muslim? 58 3 Characteristics of Islamic Governance: The Scholars’ Consensus 61 Can we prescribe a comprehensive definition of an Islamic State? 61 What makes a state “Islamic”? 62 Is a formal declaration required for a state to be Islamic? 63 What are the features of Shariah-compliant governance? 67 Seeking agreement on the characteristics of an Islamic State 73 The essential features of Islamic governance: defining an Islamic State 75 4 Defining the Maqasid for Measurement 78 Maqsad of religion 79 Hisbah: does it fall solely in the Maqsad of religion or does it run throughout all of the Maqasid ? 82 Maqsad of life 83 Maqsad of family 85 Maqsad of mind 86 Maqsad of property 88 Maqsad of honor 90 Conversation: what makes this index a measure of “Islamicity” rather than simply a development index? 91 Part II Developing an Index of Measuring Nations 98 5 Indexing the Maqasid 99 Measuring the Maqsad of life 100 Ijtihad by factor analysis 103 Key concerns with our approach 105 An invitation 106 6 The Maqasid Index 107 Conceptual mapping 107 Data collection 108 Statistical analysis 109 Computation of the index score 111 Indexing the Maqasid 112 Life 112 Mind 114 Property 116 Honor 117 Family 119 Religion 122 SIP 1.0 125 Part III Sharia Index Project Scholars Speak on Key Challenges in Islamic Governance 127 7 Practical Applications of Islamic Law in Government and the Judiciary 128 Islamic principles in government: the Islam Hadhari initiative in Malaysia (Tun Abdullah Ahmad Badawi) 129 Harmonizing Islamic law and common law in Malaysia (Tun Abdul Hamid Mohamad) 141 The Muhammadiyyah and the roots of Indonesian democracy (Ahmad Syafii Maarif) 158 Legitimacy and competency in the Islamic State (Mohammad Javad Larijani) 170 8 Human Rights and Islamic Governance 184 Rights and responsibilities in the Qur’an and Sunnah (Tahir Mahmood) 185 Human rights and citizenship in an Islamic State (Recep Şentürk) 196 9 The Maqasid , Reform and Renewal 213 Goals and purposes of Islamic law (Mohammad Hashim Kamali) 214 Maqasid al-shari`ah as a means for contemporary reform and renewal (Jasser Auda) 247 A critical reading of the universal Maqasid of religion and Shariah (Dr Khanjar Hamieh) 267 Creating harmony and correcting misperceptions on the meaning of an Islamic State (Ramzi Khoury) 278 Glossary 287 Notes 296 Bibliography 315 Index 323 What Is The Real Definition Of An Islamic State? How Do The Majority Of Muslims Govern Themselves? How Much Do Muslims And Non-muslims Really Understand About The Elements Of An Islamic State? How Can A True Islamic State Function In A Modern World? These Questions Bear Heavily On The International Community. They Dominate The News. They Spawn Conflict. They Generate Misinformation. The Answers Are Complex, But Finding Them Is Critical. Harnessing The Expertise Of Leading Sunni And Shia Academics, Defining Islamic Statehood Searches For Answers Through Dialogue, And Seeks To Define How An Islamic State Forms And Functions. It Examines How Islamic Principles Bear On A Nation's Governance, Jurisprudence, Culture And Policies, And Measures How Muslim-majority Countries Meet The Definition By Analyzing How They Deal With The Aspects Of Modern Life. Together With A Group Of Eminent Contributors, Ranging From A Retired Prime Minister, A Former Chief Justice, And Internationally Recognized Academics And Experts On Islamic Law And Governance, Imam Fesial Abdul Rauf Identifies And Fulfils The Critical Need To Determine The Right Balance Between Institutions Of Political Authority And Institutions Of Religious Authority Within The Context Of Modern Day Governance. -- Machine Generated Contents Note: -- Introduction -- Part I: Defining An Islam State And Rule Of Law -- 1. Shariah And The Objectives Of Islamic Law -- 2. Islamic State: Foundations -- 3. Characteristics Of Islamic Governance: The Scholars' Consensus -- 4. Defining The Maqasid For Measurement -- Part Ii: Developing An Index Of Measuring Nations -- 5. Indexing The Maqasid -- 6. The Maqasid Index -- Part Iii: Sip Scholars Speak On Key Challenges In Islamic Governance -- 7. Practical Applications Of Islamic Law In Government And The Judiciary -- 8. Human Rights And Islamic Governance -- 9. The Maqasid, Reform And Renewal. Imam Feisal Abdul Rauf. Includes Bibliographical References And Index. Front Matter....Pages i-xvi Introduction....Pages 1-14 Front Matter....Pages 15-15 Shariah and the Objectives of Islamic Law....Pages 17-35 Islamic State: Foundations....Pages 36-44 Characteristics of Islamic Governance: The Scholars’ Consensus....Pages 45-61 Defining the Maqasid for Measurement....Pages 62-81 Front Matter....Pages 83-83 Indexing the Maqasid....Pages 85-92 The Maqasid Index....Pages 93-112 Front Matter....Pages 113-113 Practical Applications of Islamic Law in Government and the Judiciary....Pages 115-170 Human Rights and Islamic Governance....Pages 171-199 The Maqasid, Reform and Renewal....Pages 200-273 Back Matter....Pages 274-318