If democracy is
simply government "of the people, by the people, for the people"
then the early Islamic society evinced some of these
characteristics. The successor of the prophet was appointed through
mutual consultation and members of the community validated the
choice through a handshake. This was democracy in a rudimentary
form.
Islamic law was
supreme in the land. Again this is a characteristic of a democracy
because of the principle of the "rule of law". Even the caliph was
not above the law.The early Islamic society was also pluralistic
based on verse 2:_256 of the Quran which says "there is no
compulsion in religion" What this meant in practical terms was that
Jews, Christians and other Non Muslim communities living inside of
the Muslim state were not bound by Quranic edicts.
Thus a rudimentary
theoretical and practical framework of an Islamic democracy came
into existence in the fledgling Muslim state.
The book entitled
"After Jihad " by Noah Feldman elucidates various models of Islamic
democracies which he asserts can be deemed compatible with Western
liberal democracies. One of his main premises is that militant
Jihad has failed and a greater number of Islamists are now resorting
to democratic means to further their agenda. It is the Islamists
themselves who are pushing for greater democracy therefore and this
appears to be a dangerous trend.
Noah Feldman also
draws a parallel between Islamic democracy and Western liberal
democracies as catering to the demands and wishes of the majority.
It is the majority for instance in Canada, which formulates the law
therefore the Muslim majority in a Muslim state will do the same,
However in my very
humble view there are certain snags in drawing such a perfect
analogy.
Firstly, the
majority in a Muslim State will always remain the majority. Any
system established on a strictly religious ideology, in this case
Islamic, will prevent the minority from ever becoming the majority
whereas in Western liberal democracies minorities often turn into
majorities.
Secondly, if
Islamic law is to be considered supreme, then the law has the
potential of remaining static. The role of the legislature in this
case would be extremely limited, its main function reduced to
overseeing that any proposed law is in accordance with the Quran
and Sunnah.
IN my view there
are fundamental conceptual differences between Islamic democracies
or theo-democracies and Western liberal democracies which uphold
secularism as the only means by which to deliver equality to all
citizens.
I thank you all for
coming today and special thanks to the learned panel You've made a
tremendous contribution to this very important subject and I hope
people will continue to benefit from these learned essays for a very
long time.