Civil state… To surpass tyranny and achieve the purposes of Shariaa

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In a new book of his, see Academic Egyptian Dr. Jasser Auda, a member of IUMS and one of the pioneers of the purpose of shariaa thought, the events in the Arab world since 2011 taught that the desired change must be going through a change in the human  himself and change in the construction of the state itself, and that the partial political reform produced by a revolution in higher authority will not hold without reform of the educational, ethical, cultural and social supports and maintains it.


This, according to the author, what makes an urgent need an intellectual, moral and civilized revolution ingrained in society first, and then arises on this basis civil institution to ensure the continuation of any real political change.

In the book, titled "The civil state  ... to surpass tyranny and achieve the purposes of shariaa," the writer criticizing is not limited to the ruling regimes only, but also highlights the imbalance suffered by the concept of the state. The "Arab state is often just a system designed solely to serve the dangerous interests of groups and certain tribes a monopoly of money and power, or certain military and security layers in each country." This calls for a review in the opinion of the writer of the definition of the border the narrow (Sykes-Picot) Arab national state, which missed the fateful common interests and even ethics and values in the way every Arab country deals with other countries.


In this regard, the book criticizes the way in dealing with the current concept of the state as a normal concept and unable to re-define and develop, Arabs and Muslims got used to define themselves in that  temporary National political entity; that was the result of recent decades only.


The author argues that there is a difference between the nation and state. The Belonging to a homeland is an authentic humanitarian instinct, but the "hateful" are politicizing national affiliation; throughout equating belonging to a homeland with the belonging to the authority of certain state governed by a particular political system.

Auda sees that bypassing the military and security oppressiveness is through political decision, and the monopoly of authorities just to control the means of official violence, dangerous mixing between the executive and the judicial, legislative, media, civil society and the authorities, but also between the state force and armed gangs, is represented in the pluralistic civil state formula.


And recalls in this regard the term " purpose reference civil state ", civil, explaining that it is to get rid of the military 

and tribal tyranny, and then build a comprehensive political pluralism include all political flows and  movements and civil organizations, and give priority to policies that aim for the public interest and social justice. The purpose reference explains that through principals, values and objectives represented by the purposes of Islamic shariaa.


The writer emphasizes on the ability of Islam as a way of life and thought of a human and cultural identity to make a lot in building awareness of the desired reform, was it, revolutionary or progressive, Arab or Islamic or globally.


The author warns at the same time; to the wide gap between the understanding of Islamic politics in the traditional books and the reality of cultural and political Muslims Living day, which requires in the opinion of the writer; the need to review and renew so that we can make right moral Islamic approach regarding modern subjects, "it is still the Islamic political conversation it is about concepts such as Dar al-Islam and the people and the contract and the pledge of allegiance and the dhimmis and the Kharijites, teams and other systems that ended historically”.


Dr. Auda criticizes literal method in the interpretation of Shariaa texts, an approach which is based on the majority of those who refuse political pluralism in principle, "but also some of those who support political pluralism based on the literal approach itself is also not acceptable; because it enhances an  approach of thinking that is not consistent with the purposes and values of Islamic  Shariaa as a  reference and philosophy, "an approach that the writer considers as an intellectual  and social need in order to establish a real pluralism and not an informal temporary pragmatic.

In this regard with the return to the Quran there is no legitimate text that identifies the features of a particular Islamic political system and its mechanisms, and attributed the legal meaning of this silence legislature to remain the field open for renewable jurisprudence, each builds his opinion on his own experience and awareness General inhabitants and political events the current and historical.


Auda also refuses the justificatory process in dealing with the political realities, such as the destination interpret Islam as a socialist, and the Shura Council as the democratic system. But he corrects that does not mean rejection of the democratic system necessarily, but rejects the approach to justify the concepts, systems and considered as pre Facts require interpretation of the texts of Islam itself for its legislation, not just a means to realize the goals may means more efficient in the future.


The writer puts an example of the seriousness of the curriculum justificatory book Bowl for the Mawardi provisions, "This book started from the reality, not the principles of Sharia, and presented justifications aimed to consolidate the emirate systems in his time. So he justified tribal government inherited by the Abbasids, the first texts of the Quran and Sunnah to agree that provision, and gave the caliph the right to "tyranny thing." although the jurisprudence Mawardi had its time and circumstances, but it is now based Islamic reference primarily in Islamic politics, despite the fact that his ideas do not achieve social justice and good governance, and peaceful rotation of power, and the rule of law with any acceptable degree in contemporary reality. "


The book does not call only for the quotation of the Western democratic system, but rather calls for scrutiny of the concepts and systems, and Islamic nation must have the sufficient awareness to know what to take and what poses as to maintain the Islamic purposes.


The book is exposed to "problematic political Fatawa" called for the development of Islamic rhetorical thought from Haram and Halal to benefit and harm, and right and wrong, which is a first in politics, "so as not to hold the debt on the religion that is not part of it." Therefore, "it is true that Lefty infatuated obligatory or privacy acts such as the establishment of the party, or to participate in certain events, or engage in a particular election, or sign a statement, or to vote for a candidate, which means sin in front of ALLAH and punishment in the Hereafter."


In the context of his criticism of the political opinions, the author mentions doctrinal dispute whether the Shura binding on the governor or a teacher. He believes that the contemporary political reality systems and countries of different forms is not likely that the Shura just be a delegate from the commissioners or duty of the duties, but is the foundation of the system in the state, which must be separated and organized to accomplish regulations on many levels.


The writer says: "lesson in matters of political principles meanings and interests, not abstract words from the context of evidence of partial, even if the Quran or the newly, and repeating the historical facts are not binding legally, but the lesson the authority to rule in the maintenance of public order and people's interests and purposes of the highest Sharia. It How can we achieve justice and settle the state system in the contemporary actual fact if there is the slightest inevitable for the governor to fret individual opinionated without opinion convicts or their representatives? ".

And Dr. Auda calls for comprehensive pluralism; based on the empowerment of the civil parties, which in this regard is not consistent with the definition that shifts between political and government, because "the domination of power in the hands of the owners of the state is too evil that exceeds the intentions and legitimate interests of the nation."

Instead of this domination, the writer calls to rework the political concept to include the popular civil forces, Only in this formulation contributes to the political definition of empowerment of the nation which is the origin, and give them the necessary powers individuals and institutions, so that the authority be higher than her clients in government authority, and thus limited the role of government parties on senior management of the country in defense, security and public order issues, which are approaching the state of so-called "small state" this opens the door, according to the book, formations and social institutions in the growth and development and accommodate a wider range of public work spaces, "without the cost of electoral work that could push the government parties to waiver of some of the principles to please the electorate or configure the physical blocks of narrow interests. "


The author believes that the involvement of social institutions in the definition of "political" out of political pluralism for the plurality of the elite or the elite of stakeholders, and holds the nation's responsibility in the promotion and development, and reduce the concentration of powers in the hands of the state and civil allows diversity to the fullest extent.