Political philosophy in classical Islam

Author(s):  
Daniel H. Frank

Political philosophy in Islam is the application of Greek political theorizing upon an understanding of Muhammad’s revelation as legislative in intent. In lieu of Aristotle’s Politics, unknown in medieval Islam, Plato’s political philosophy assumed the primary role in an explanation of the nature and purpose of the Islamic state. Al-Farabi conceived of the prophet as a latter day philosopher-king, Ibn Bajja and Ibn Tufayl took their cue from Socrates’ fate and cautioned the philosopher against the possibility of successfully engaging in a philosophical mission to the vulgar masses, and Ibn Rushd presented philosophy as a duty enjoined by the law upon those able to philosophize.

2018 ◽  
Author(s):  
Haider Ala Hamoudi

"38 Georgia Journal of International and Comparative Law 293 (2010)That lawmaking in many modern Muslim nation states appears to give rather short shrift to shari'a, seemingly ignoring it in all areas save the law of the family and replacing it elsewhere with European transplanted law, has been discussed. That the Muslim world is replete with political institutions and leaders that seek a greater role than this for the shari'a in the affairs of the state is obvious to anyone even faintly familiar with the region. However, left undiscussed is the fact that the Islamist, who derives his authority precisely on the basis of returning sovereignty to God in all matters of state and law, is no more enthused than anyone else in permitting God's Law to retain any real level of supremacy over the law of the state. Yet this is amply demonstrated by the Islamist obsession with seizing state control and enacting, selectively, shari'a as state law, rather than attempting the type of complete law overhaul that would be necessary to ensure the permanent primacy of the shari'a. The selectivity, while puzzling to one in search of logic in the law, provides in fact much guidance to precisely why the Islamist has chosen this road of incoherence, demanding that the law of man lie subservient to the Will of God on the one hand, and then gleefully ignoring the necessary consequences of taking such a notion seriously on the other. The fact is that while the Islamist may say that he wishes God's Law to be supreme over that of man, there is nothing in his actions to suggest that this rhetoric, however sincerely held, is an accurate reflection of his actual aims. The Islamist does not want God's Law to reign supreme in areas such as corporate law and the law of business entities, where the economic consequences might be dire. On the other end lies the law of the family, where God's Law is deemed a vital necessity, and any development, any evolution, any alteration of the rules established centuries ago when caliphs walked the earth will meet with red-faced Islamist indignation at the suggestion of such outrageous sacrilege. With the power of lawmaking safely in the hands of the state, the Islamist need only bring sharia where he wishes it, and leave all other, largely transplanted, law, where it lies, which is to say in as authoritative a position as any shari'a derived enactment by the state. The wide scale adoption of secular, transplanted law and secular legal systems and their continuation in force even in the most thoroughly Islamized societies is not a matter very thoroughly discussed by our academy, except to the extent that it is asserted as largely irrelevant to the reestablishment of a true "Islamic state" where some form of shari'a does indeed reign supreme. Thus, much scholarly attention has been focused on the "repugnancy clauses" in various Muslim state constitutions, which prohibit the enactment of laws that are repugnant to the shari'a. The focus on such clauses is striking, and portentous phrases on their importance are rife in our scholarship, among them "the Rise of the Islamic State," "theocratic constitutionalism," and "Islamic constitutionalism." On repugnancy, I offer only two points. First, to the extent that an “Islamic state†can be formed under such a conception, it only seems to confirm how fundamentally limited the role of shari'a has become in the "Islamic state." Secondly, no theory of repugnancy has been coherently laid out, let alone applied, in any Muslim state. Muslim states, and Islamist movements, are far too invested in their development to call for anything less than a selective application of shari'a, with the only real difference between the Islamist, the moderate and the secularist being precisely how much to select. Logic and coherence, in the end, has been forced to give way to the hard realities of our times, which cannot afford to Divinity the primary role in the making of law."


Author(s):  
Andrew March

This article examines the place of law in the falsafa (philosophy) tradition. Political philosophy was largely a derivative topic for the philosophers of the Islamic world. One indication of this is that the falsafa tradition did not produce a coherent philosophy of law that would concern itself with the meaning, essence, source, and forms of “law”: as such. This article looks at several philosophers in the Islamic tradition who are associated with political philosophy, including Abu Nasr al-Farabi and Ibn Sina, with particular emphasis on their view that the highest form of human existence consists in intellectual and spiritual perfection. It also considers the views of Ibn Bajja, Ibn Tufayl, and Ibn Rushd.


Author(s):  
Cécile Laborde ◽  
Aurélia Bardon

There is already an important literature on religion and political philosophy, focusing especially on controversies about religious symbols, freedom of speech, or secular education. The introduction explains the distinctive approach of the volume. Instead of focusing on specific political controversies, the book explores the conceptual, structural architecture of liberal political philosophy itself. The authors distinguish four different themes: the special status of religion in the law; state sovereignty, non-establishment, and neutrality; accommodation and religious freedom; and toleration, conscience, and identity. The chapter explains the particular questions raised in each of these four themes, and briefly presents the twenty-two contributions gathered in the volume.


Author(s):  
Christopher Bobonich

The dialogues that are most obviously important for Plato’s political philosophy include: the Apology, the Crito, the Gorgias, the Laws, the Republic, and the Statesman. Further, there are many questions of political philosophy that Plato discusses in his dialogues. These topics include, among others: (1) the ultimate ends of the city’s laws and institutions; (2) who should rule, the forms of constitution, and their ranking; (3) what institutions and offices there should be; (4) the nature and extent of citizens’ obligation to obey the laws; (5) the proper criterion of citizenship; (6) the political and social status of women; (7) the purposes of punishment; (8) private property; and (9) slavery. This chapter attempts to provide an overall picture of Plato’s political philosophy, focusing on three moments: the “Socratic” dialogues, including the Apology and the Crito; the great middle-period work, the Republic, along with the Phaedo; and finally, two works from Plato’s last period, the Statesman and the Laws.


Legal Theory ◽  
2010 ◽  
Vol 16 (2) ◽  
pp. 111-133 ◽  
Author(s):  
Brian Leiter

In teaching jurisprudence, I typically distinguish between two different families of theories of adjudication—theories of how judges do or should decide cases. “Formalist” theories claim that (1) the law is “rationally” determinate, that is, the class of legitimate legal reasons available for a judge to offer in support of his or her decision justifies one and only one outcome either in all cases or in some significant and contested range of cases (e.g., cases that reach the stage of appellate review); and (2) adjudication is thus “autonomous” from other kinds of reasoning, that is, the judge can reach the required decision without recourse to nonlegal normative considerations of morality or political philosophy. I also note that “formalism” is sometimes associated with the idea that judicial decision-making involves nothing more than mechanical deduction on the model of the syllogism—Beccaria, for example, expresses such a view. I call the latter “Vulgar Formalism” to emphasize that it is not a view to which anyone today cares to subscribe.


TAWASUT ◽  
2013 ◽  
Vol 1 (1) ◽  
Author(s):  
Ali Romdhoni

This paper will state that Madinah Charter is not a constitutionthat is referred as the model in upholding islamic state. Usingsemiotic method, this paper will conclude that every dictumwithin the Madinah Charter has sort of code of conducts thatfunctions to provide social security within the Madinah societyat that time. Nevertheless, current politics could stillappropriate the fundamental values within the MadinahCharter especially in implementing justice-based governance,equality before the law, open public participation and so forth.Excessive intention of certain Muslim group, including inIndonesia, to uphold khilafah system is not in accordance withthe spirit of the Madinah charter. It is because the khilafah isbased on the monarchical system, which does not involve thepeople within the elections and so on as it is implied from theMadinah Charter.Keywords: the madinah charter, constitution, Islamic stateIntroduction


Author(s):  
Pieter Nanninga

This chapter introduces insights from the field of religious studies to research on perpetrators in order to examine the relationship between religion and international crimes. To this end, the chapter focuses on the case of the Islamic State, and particularly its crimes against the Iraqi Yazidi community and its attacks in the West. Based on primary sources, it argues that religion plays a primary role in the perpetrators self-understandings, serving as a significant framework through which they shape, justify, and give meaning to their violence. However, the chapter also demonstrates that religion cannot be consistently distinguished from non-religious or secular aspects of violence. Therefore, it argues, attributing a particular role to religion in explaining international crimes is inconsistent, and distinguishing between ‘religious violence’ and its secular counterpart not very helpful. Based on these observations, the chapter concludes by providing suggestions for future research on the topic.


Author(s):  
Peter Anstey

John Locke was the leading English philosopher of the late seventeenth century. His two major works, An Essay concerning Human Understanding and Two Treatises of Government, both published in 1690, have exerted enormous influence on subsequent thought, particularly in metaphysics, theory of knowledge and political philosophy. Locke’s writings were central to the philosophy of the Enlightenment in the eighteenth century and set the terms of reference for modern liberalism. Educated in the arts at Oxford, a friend of Robert Boyle and Isaac Newton, and a close associate of the leading politician the first Earl of Shaftesbury, Locke’s intellectual range was broad. He trained as a physician, dabbled in chemistry and botany and throughout his life kept abreast of developments in natural philosophy. At the same time, he developed theories of natural law and religious toleration, contributed to debates on contemporary economic issues, wrote a primer on the philosophy of education, defended the reasonableness of Christianity and maintained an extensive correspondence and intellectual network. It was not until the publication of the Essay when Locke was in his late 50s, however, that he became a public intellectual. The Essay provides an analysis of the scope and limits of the faculty of human understanding, using a sophisticated theory of ideas. It contains four books, the first of which seeks to refute the view that the mind contains innate metaphysical and moral principles. The second book sets out Locke’s theory of ideas and contains original and penetrating treatments of the nature of the will and motivation and the nature of personal identity. It also contains Locke’s theory of material qualities with his famous distinction between primary and secondary qualities, and discussions of the nature of substance, duration, infinity and the association of ideas. Book Three deals with the nature of language, the theory of essences, and provides an account of the way in which humans divide substances into species. Book Four uses the resources set out in the preceding books to develop a theory of knowledge and belief and to explore the differences between faith and reason. Central to Locke’s project is the view that all knowledge is constructed out of ideas. Knowledge in its most basic form is nothing but the perception of the agreement or disagreement of ideas and ideas can only be acquired through the senses or through introspection on the operations of our minds. Once the understanding is furnished with enough simple ideas from these two sources of experience, it sets about constructing complex ideas, forming propositions out of its various ideas and giving the ideas names. Locke is fundamentally opposed to the view that knowledge and reason begin with a set of basic principles or maxims, such as that the whole is the sum of its parts. This is the motivation for his arguments against the claim that principles are innate. Instead we must construct the principles of all the different sciences from scratch out of our stock of ideas. In the cases of mathematics and morality this can be achieved. In the case of our knowledge of the sorts or species of substances we encounter in the external world, however, we are significantly constrained. This is because our senses are limited and we do not have epistemic access to the inner natures of things. We can see many effects but the underlying causes of those effects, such as magnetism or cohesion, are out of reach. As a result, Locke is pessimistic about the prospects of natural science, though he does believe that the method of experimental philosophy, particularly natural history, gives us the best chance to extend our knowledge of the natural world. Moreover, he believes that of all the speculative systems of natural philosophy, the corpuscular view of matter is the most intelligible. Locke’s political philosophy gives us some insight into his conception of the form that a demonstrative moral philosophy might take. However, the precise relation between the Two Treatises and the Essay remains a controversial issue. The starting point for Locke’s view of the formation of civil society is the natural equality of every human being. We are equal in freedom and equal in both power and obligation with respect to the law of nature. However, in the absence of civil society – that is, in the state of nature – we suffer many inconveniences, particularly with regard to protecting property and applying the law of nature. It is only by consenting to give up our basic power to enforce the law of nature, a power that is common to all, to an authority, that we are able to overcome the inconveniences of the state of nature. In so doing, we secure the integrity of our property, that is, our life, liberty and possessions. The handing over of our basic power does not render us politically impotent however. For, should the government, whether a democracy, oligarchy or monarchy, break the people’s trust, the citizens have a right of resistance and can dissolve the government. Locke’s Two Treatises was published anonymously and did not embroil him in ongoing debate in his own day, though its subsequent influence was profound. The same cannot be said of another anonymous work, his A Letter Concerning Toleration, which argued that religious toleration should be extended to all but atheists and those who submit to foreign authority. The most vigorous reaction to Locke’s writings, however, was to the Essay, particularly to Locke’s account of personal identity as continuity of consciousness and his suggestion that matter fitly disposed might have the power of thought. These two issues are indicative of the rich philosophical resources within the Essay, both in its positive theses and its illustrative material, which have ensured that this work continues to be read and studied with profit today.


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