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 ------ 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. ---- 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) URL: https://www.newageislam.com/islamic-ideology/islamic-constitutionalism-hashim-kamali-khaled-abou-fadl/d/132368 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