Rumour has it: Modern Ijtehad and Ijma Part 2

Nilofer Qazi

Feb 2012

Islamic scholars have argued Muslim societies should be based on ‘constitutionalism, human rights and citizenship’; if we can agree to this, then what kind of principles should shape our social contract in Pakistan?

Given that we would like to be a modern state, this requires a Document (political/social/legal contract) reflecting the relationship between the State and its Citizens guided by the collective reality(s) of its people. What we have currently is anarchy, reflecting ironically the ‘Pre Islamic’ jahalia state where there were multiple laws based on power centers, not a uniform social justice system. Currently Pakistani’s have limited recourse and are predominantly reliant on their ‘tribes’ for protection. We cannot have multiple laws in a modern state.

Let’s start by scraping the 1973 constitution and develop a consensus (Ijma) on what should be the relationship between a Pakistani citizen and the state. All the principles and laws we enshrine must be coherent and reflect the complex modern Pakistan. In reflecting upon what social political justice system we want - let there be no doubt that there is space for both those inspired by faith/ Islamic principles, and those fervently espousing a more secular perspective, while reexamining, shaping and reconstructing the framework in which all Pakistanis may want to live.

The Grand Mufti Mustafa Ceric of Bosnia-Herzegovina has argued there is no contradiction for Muslims to live in a secular polity rather; the principles of universal pluralism, religious equality are fundamental values in Islam. The renowned Indonesian freedom fighter and Islamic scholar Norcholis Madjid also suggests Sharia law is unnecessary (for Indonesia); rather an Islamic society should focus on spirituality, the religiosity comes from an inner transformation (individual and national). Hence, instead of imposing Islamic law, what is needed is a spiritual and cultural path that fosters ethics in society rather than an Islamic state.

The idea of developing a ‘common ethics’ is extremely important for nation building. Currently we do not have this in Pakistan. What are Pakistani‘common ethics’ which is the basis on which citizens foster a community? Hence those involved in movements should also first, clearly develop coherent ideas about what are they ‘fighting for’ and ‘safeguarding’.

Islam’s raison d’être is about freedom, prosperity and justice for all humankind- men and women equally. Once this very basic principle is accepted the laws and norms that follow should reflect these principles. Our Parliament, (Shura) a forum in which we should be consulting and developing consensus (Ijma) must also reflect this . There can never be half a Pakistani voice or a purer Pakistani. Let our judiciary lead this necessary intellectual Jihad and begin the dialogue about what kind of laws do we want Pakistan to reflect.

Who should our Mujtahidsbe? If we look at what Sheikh Madjid says, that religious pluralism and tolerance are not only a theological issue but a divine mandate, rooted in Quranic a passage (2:62; 5:69) that teaches us that all believers, including Jews, Christians, etc will be rewarded equally in the next life. All religions are equal with Islam and God gives salvation to anyone regardless of their religion. All religions are committed to ethical values and social justice, all religions — not just Islam — has a role to play in the implementation of religious values such as social justice and democratic governance in politics and society.

A Global Gallop Poll after 9/11 through 2001-2007 in over 35 Muslim countries looked at public opinion regarding democracy, secularism and the role of religion in politics. The results are interesting for Pakistanis. The vast majority of respondents stated that religion was an important part of their daily life. Cutting across diverse Muslim countries, social classes and gender differences, a majority said (94 % Egypt, 93 %in Iran, 90% Indonesia) that a Constitution should guarantee freedom of speech, defined as “allowing all citizens to express their opinion on the political, social and economic issues of the day”. Asked about their attitudes towards democracy, the response from Muslims was positive. Many respondents said that political freedoms and liberties are qualities that they admire most about the West. Similarly, democracy is among the most frequent responses given as a key to a more just society. Large percentages also associate a “fair judicial system”and “citizens enjoying many liberties” with Western societies. What can we learn from the global Shura opinionon how to incorporate principles of Islam in a socially justice Muslim polity?

According to many of the Islamic scholars, a considerable amount of support amongst Muslims for Shariadoes not translate into a demand for a theocratic government; on the contrary, according to the Gallop Poll, a significant number said religious leaders should play no direct role in drafting a country’s constitution, writing national legislation, drafting new laws, or determine foreign policy and international relations. Muslims would like to see a religious form of democracy in their countries, at least in the sense that they want Sharia to be “a” source of legislation though not the only the source. What does Sharia mean in modern times then? Supporters of secular reform cannot ignore the majority opinion in a democracy. So what are the principles of Islam which would also allow freedom of thought and action in a modern state in which there is equality and justice for all men and women?