islam and the secular state (part two)

So I finally finished reading Abdullahi Ahmed An-Naim's Islam and the Secular State: Negotiating the Future of Shari'a. To be honest, I was a little disappointed with the book. That isn't to say that An-Naim's ideas weren't provocative or intriguing or worth further contemplation. But I was more impressed by him as a speaker and as a thinker (based on various clips of lectures and interviews available online) than as a writer per se. In the earlier chapters of the book he tended to sound a bit repetitive and I found him a little abstract for my taste.

But he does get particularly eloquent when he is laying out his central premise in the very last chapter:

As a Muslim, I need a secular state in order to live in accordance with Shari'a out of my own genuine conviction and free choice, personally and in community with other Muslims, which is the only valid and legitimate way of being a Muslim. Belief in Islam, or any other religion, logically requires the possibility of disbelief, because belief has no value if it is coerced. If I am unable to disbelieve, I will not be able to believe. Maintaining institutional separation between Islam and the state while regulating the permanent connection of Islam and politics is a necessary condition for achieving the positive role of Shari'a now and in the future.

In many ways, the above paragraph is the heart of the book and the rest of the text is an elaboration and an unpacking of his words here.

I almost want to say that I wish he were more opinionated. I was left wondering how he concretely imagines the "separation of Islam and the state" on the one hand, and the "permanent connection of Islam and politics" on the other. He was at his most engaging when describing the interplay between Islam, the state and politics in particular settings; the caliphate of Abu Bakr (ra) and then more recently in India, Turkey and Indonesia. But I would have liked to hear him share his views on Islam and secularism in other locations; for example, Saudi Arabia, Iran, France, the US and especially his own native Sudan. I also would have liked to see him engage a bit more with the religious arguments of those who advocate for some form of "Islamic government". Maybe that's for the next book?

islam and the secular state
the postcolonial condition of muslim states
conversations with history: abdullahi ahmed an-naim

oklahoma and the sharia

As you may have heard, 70% of Oklahoma voters recently approved a measure to ban the use of sharia law in Oklahoma courts. I've been thinking about this for a couple of days now and I'm still not sure what the measure really means.

Most of the examples which come to mind when I even try to imagine what "applying the sharia" would mean in the U.S. context are either things which are already clearly prohibited by the First Amendment or things which are clearly protected by the First Amendment. So the Oklahoma referendum fundamentally seems either redundant or unconstitutional.

The U.S. Constitution already protects non-Muslim from having "the sharia" imposed on them, while Muslims should be free to follow the sharia in matters such as marriage, inheritance, business contracts and financial arrangements. And if the terms of such agreements were drawn up in a sufficiently clear manner, why couldn't or shouldn't they be adjudicated by a U.S. court? In fact, Jews and Christians in the US already have established several institutions which allow for alternative conflict resolution according to their own religious principles but with a certain amoutn of legal validity as well. Why couldn't Muslims set up similar "courts" in the U.S.? I've never been to law school but I find it hard to imagine that a referendum which actually singles out a specific religion for special exclusion could pass constitutional muster.


Here is what appeared on the ballot in Oklahoma:

STATE QUESTION NO. 755 LEGISLATIVE REFERENDUM NO. 355
This measure amends the State Constitution. It changes a section that deals with the courts of this state. It would amend Article 7, Section 1. It makes courts rely on federal and state law when deciding cases. It forbids courts from considering or using international law. It forbids courts from considering or using Sharia Law.

International law is also known as the law of nations. It deals with the conduct of international organizations and independent nations, such as countries, states and tribes. It deals with their relationship with each other. It also deals with some of their relationships with persons. The law of nations is formed by the general assent of civilized nations. Sources of international law also include international agreements, as well as treaties.

So in addition to the sharia, the Oklahoma courts apparently can not consider the Sharia Law is Islamic law. It is based on two principal sources, the Koran and the teaching of Mohammed.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES
AGAINST THE PROPOSAL — NO

The only thing clear about the law is that it loudly says: "We hate Muslims and want to give them a hard time."

But even apart from its impact on Muslims, it seems like the proposal opens up a whole can of worms. It doesn't just try to exclude the use of the shaira but international law as well. Maybe they can start building Black site prisons in Oklahoma to replace Camp X-Ray in Guantanamo since the Geneva Convention apparently doesn't apply there? Or maybe Oklahoma will become a resort for international criminals if extradition treaties are no longer valid there? How does the referendum effect Indian casinos if Oklahoma courts refuse to respect tribal law?

CAIR has already made some legal moves against the referendum (An initial hearing is set for today.) InshaAllah sooner heads will prevail.

Ballotpedia: Oklahoma "Sharia Law Amendment", State Question 755 (2010)
Huff Post: Caliphate on the Range? The Shariah Precedent in American Courts
The American Muslim: Islamic Sharia and Jewish Halakha Arbitration Courts - updated 5/21/10

conversations with history: abdullahi ahmed an-naim

An interesting hour of conversation between Abdullah Ahmed An-Naim and Harry Kreisler on the subject of Islam and the secular state. I still haven't made up my mind about An-Naim. I have too many books on my reading list at the moment and haven't gotten to his yet. However his website is pretty well-stocked with articles and video clips expressing his ideas.