At present, some people tend to see Muslims as religious fanatics and terrorists. This concept has arisen due to activities of certain groups. Politicization of Islam in some regions has also led to such miscomprehension of the Muslim world. Ironically, politicization of Islam is also based on miscomprehension.
Of course, people should understand the difference between religious tradition and political Islam to have the correct idea about the Muslim world. The major difference between the two notions is that Islam as a religious tradition is based on the sacred writings whereas political Islam is based on a very specific interpretation of the sacred texts.
In the first place, it is necessary to note that Islam has evolved throughout centuries like any other religious tradition. El Fadl notes that Islam as a religious tradition has been a dynamic and active faith (109). The author also notes that Islamic religious tradition is not based on ideas of confrontation as Islam accepts that there can be other religions and beliefs.
Islam is based on principles of rightfulness. The religious tradition is based on principles revealed in the sacred book for any Muslim, Quran. This book contains guidance for Muslims. This guidance can be helpful in any situation as this book includes wisdom of centuries.
However, the book is often interpreted differently. Some groups (e.g. Wahhabi) have often misinterpreted the sacred texts which led to creation of a variety of movements. The so-called puritan movements are based on the principles of purity of faith . Certain groups reconsidered the holy texts to purify them from any influences from outside (society, other nations, etc.). Ironically, these groups reshaped Islam to fit certain societal changes.
Thus, El Fadl notes that Abd al-Wahhab wanted Muslims to return to a presumed pristine, simple, and straightforward Islam (47). He created a new Muslim tradition which was to help Muslims return to the pure faith. Nonetheless, Wahhab (like many others) created practices based on misinterpreted principles of Islam.
It is possible to state that instead of turning back to the roots, Wahhab reshaped the religious tradition to fit certain ideas that had ruled at that time. Wahhabi tradition promotes complete isolation of Muslims. It also promotes ideas of struggle against infidel.
Noteworthy, such ideas have often become popular in many societies. There can be no surprise that governments in Muslim countries have supported puritan movements (El Fadl 87). Ideas promoted by such movements fitted societal changes which took place due to a number of economic and political factors.
It is necessary to add that political Islam can be regarded as a certain system that helps a certain group control the society. Propagating such ideas as confrontation, segregation, hatred, etc., certain groups can easily control the society.
On balance, it is possible to note that the major difference between Islam as a religious tradition and political Islam is that the former is based on the sacred writings whereas the latter is based on the interpretation which is convenient for certain groups. Though certain groups claim they want to purify the faith, they simply adjust it to specific movements in the society.
Political Islam can be regarded as a way to control the society, whereas Islam as a religious tradition is guidance that leads rightful people. Political Islam often fits only a specific group of people, while religious tradition is a universal system of values.
Works Cited
El Fadl, Khaled M. Abou. The Great Theft: Wrestling Islam from the Extremists. New York, NY: HarperOne, 2005. Print.
The world today is defined by plurality of cultures running in a rhythm of conflict and integration. The Islamic culture and value system defines the Saudi Arabias cultural, political, social and economic norms (Commins, 2006). As a country deeply rooted in Islam as the source of political ideology, the Kingdom of Saudi Arabia has continued to shape its international relations based on the staunch belief and practice of the Islamic culture.
The country is a non-aligned Islamic state whose main foreign policy objective is to maintain the security of the citizens as well as its position on the Arabian Peninsula.
In addition, the country has a long history of defending the Arab interest, promotion of solidarity among Islamic states, and maintenance of positive relations with oil-based countries. This paper seeks to explore the role of Islam in influencing its foreign policy of the Kingdom of Saudi Arabia.
Discussion
Islam is central to Saudi foreign and domestic policy framework. According to the library of Congress, Saudi Arabia has been known for its stand on three thematic concerns, including the Arab nationalism, regional security, and Islam.
These themes have come to dominate the process of formulating foreign policies since the early 1950s. Most scholars have directed their efforts toward investigating the extent to which the Islamic principles have tended to shape the Saudi foreign policies (Commins, 2006).
The concept of Islam has provided greener grounds that depict Saudi Arabia as a strong country, especially the existence of holy cities of Medina and Mecca. Studies show that religion, culture, and politics play significant roles in shaping a countrys relationship with the rest of the world (Emerson, Youngs, and Amghar, 2007).
According to Alshamsi (2011), where religion forms that core of a countrys unity, there are tendencies of creating strong affiliate unity. Therefore, this study suggests that the existence of a single religion has provided Saudi Arabia with a strong form of unity that remains unmatched by other countries around the world.
The fact that Saudi foreign policy remains committal to ensuring peaceful coexistence with allied Islamic countries, its quest for creating foreign policies has been driven by ideologies of Islam. Islam has continued to offer the basis for searching and maintaining allies, and providing support for Muslim countries in terms of leadership and political strengths.
For instance, Saudi Arabia has generated impetus for involvement in the internal affairs of Pakistan, Bangladesh, and Somalia (Emerson, Youngs, and Amghar, 2007). Literature abounds about the role of religion in streamlining political ideologies of most countries, especially the Arab world.
History recalls that from mid 1930s up to 1991, the Saudi Islamic concept opposed the existence of communist ideologies. This meant that within this defining moment, Saudi Arabia had no positive relations with the Soviet Union, which was regarded as unholy state.
Although Islam has driven most issues of Saudi foreign agenda, studies indicate that countries that have supported its Islamic stand have won its foreign support against its major opponents.
During the early 20th century, Saudi Arabia became a unified Kingdom, emerging as a socio-political and economic leader in the world (Qing, 2009). Guided by Islamic teachings, Saudi Arabia has focused on Arabian unity, Islamic solidarity, and peaceful relations with the external world (Hinnebusch and Ehteshami, 2002).
At this point, it should be noted that although the western view of Islamic state has painted these countries as being fatal in the context of international unity, recent studies demonstrate that new phase of Islam provides for a renewed impetus for peace.
Saudi Arabia under the leadership of King Abdulaziz has stood on the essence of Islam as the pillar for protecting the Islamic interests at the center of external relations. Approximately one fifth of the worlds population is made up of Muslims. This growing populace can be attributed to the changing worldview about the Muslim world.
Saudi Arabia occupies a huge space in defining the Islamic cores of the world owing to the historical foundations of Islam and the holy cities within its boundaries. The need to understand the nature and scope of Islamic concepts and its changing course has stimulated many western countries to seek out for Saudi based on its rich Islamic history.
Although the Islamic core establishments have remained in the mainstream Islamic pillars and teachings, varied interpretations and the quest for a new world order has redefined the Saudi Arabian leadership and political, and foreign frameworks (Korany, Hilal, and Kheir, 2008). Currently, the Kingdom is recognized as a strong advocate of peaceful coexistence, constructive cooperation, and security across the world.
Up to until recently, the western states have gained an impetus to seek the mediation of Saudi Arabia in peace agenda involving the Arab and Muslim world (Hinnebusch and Ehteshami, 2002).
This has majorly yielded from the fact that the country holds a significant stake in the unifying the Arabian world and countries holding elements of Islam. Therefore, the growing interest by most western states in Saudis mediation power has rejuvenated its old relations as well as building new relational blocs with the rest of the world (Mandeville, 2007).
Islam has remained the key element influencing the Kingdoms priority issues regarding foreign policy. Since its establishment, the country has continuously generated appetite to support issues of the Islamic world by using its economic potentials. This effort builds on the pursuit of solidarity and unity driven by the beliefs in brotherhood.
Since the western states and their allies have for many years been regarded as the true enemies to the Islamic states, religion has served to create a solid unity to regain their worlds honor.
Based on the driving force of the Islamic religion, the Kingdom of Saudi Arabia sought to achieve solidarity with the rest of the Islamic countries by establishing governmental and non-governmental organizations to propagate their worldview across the world (Mandeville, 2007).
For example, the creation of the Muslims World League in 1962 and the organization of Islamic Conference serve to concretize the nature of foreign policy and means used by the Kingdom.
According to Ministry of foreign Affairs (2005), the government of Saudi Arabia has embraced the concept of peaceful solution of disputes among Islamic states while providing material support to Muslim-based groups across the world with an aim of sustaining its influence on external matters (Qing, 2009).
Wahhabism and the quest for power
The new form of Islam within the context of Saudi Arabia defines the modern trends in the religious dynamics of the Islamic world. The country boasts of being the founder of the United Nations in 1945 (Niblock, 2006). Therefore, to maintain its legacy, the Kingdom of Saudi believes in peaceful resolution of disputes.
The country does not hold power as the tool to facilitate her foreign policies. However, it is worth noting that in the spirit of staunch Islamic principles, Saudi Arabia believes in lawful self-defense as the basis of protection of its national and Islamic interests.
The spread and maintenance of Wahhabi by Islamist frontiers, the government of the Kingdom and its affiliates has continued to strengthen its foreign policies based on Islam (Niblock, 2006). The creation of the Islamic charitable groups and organizations has attempted to penetrate the mainstream policy of the country.
These groups have served to materialize and propagate the Islamic ideologies based on the Islamic principles of Wahhabi (Tawheed). According the official website of World Association of Muslim youth (WAMY), the group has a membership in over 55 countries across the world with over 600 youth organizations in the world.
Studies reveal that although such groups and Islamic foundations have claimed to be independent in terms of their operations and agenda, the government has used them to navigate the external world.
Recently, studies have found that the Ministry of foreign affairs and its embassies across the world has played a critical role in establishing and maintaining Wahhabism. In addition, some sources have claimed that the distribution of funds in support of the ideologies of Wahhabism has dominated the Saudis foreign policy framework hinged on Islam (Nonneman, 2005).
The action by the US to withdraw its diplomatic credentials from the Saudi nationals working in Islamic departments demonstrated the growing evidence for the Kingdoms indirect involvement in the 9/11 attacks.
In 2008, Raouf Ebeid wrote A country failing its King to demonstrate the struggle for political and religious tolerance that has continued to meet controversy across Muslim fundamentalists (Nonneman, 2005). The Kings call for an inter-faith dialogue emerged as a move toward a reforming the Islamic view on the rest of the world.
However, studies show that this efforts have failed to provide lasting solution to the existing inter-faith and country wars between Muslim and non-Muslim states.
This controversial efforts created by the strong allies of Wahhabism practiced by most of the Kings subjects has served to direct the political, social, and economic policies within and outside the country. These events prove that there is no separation between political processes and religious dogmas in a country strongly rooted in Islamic culture.
The Political Islam in Saudi Arabia
The process of formulation of foreign policy is seen to be divided into two subsystems: input and output. Further, this division can be divided into three related fields, including guidelines, decision-making, and implementation. People subscribing to realist ideologies have created tendencies of emphasizing effects of policy issues by tracing the significance of such policies using a backward process.
Therefore, Islamic culture depicts a realist view of events, which downplays the significance of cultural factors in shaping the outcome. According to numerous studies, the Islamic culture has an overwhelming influence on the three fundamental elements of policy formulation.
The value systems held by the Islamic culture forms the basis for shaping the belief and cognitive systems of the people. Therefore, Islam has become a mirror through which the people view the external world and yield value judgments.
The Kingdom has demonstrated its resounding goal to support Islamic cooperation in its foreign policy that leads to its duality form (Quandt, 1981). The country depicts a form of government that is innately conservative with a desire to exert its effort toward protection against the extremist external states from influencing its regime.
The need to prevent the non-allied states against interference with its homeland issues has continued to generate sour relationships with the external world, especially the US after the November 11 attacks on the U.S. territory.
The leadership forms of the Saudi have remained superior to the diplomatic agenda of the country with the rest of the world. Therefore, because the leadership of the country upholds Islamic ideologies in high esteem, it becomes almost difficult for the foreign policy to rule over the innate interests of the country (Wilson, and Graham, 1994).
Many scholars studying the nature of Islamic foreign policies have confided that foreign policies of Islamic world are established out of cultural and social contexts capped by the Islamic culture. Led by Muslim leaders, Islamic societies the political diplomatic and economic values have continued to be shaped by the largely inherited Islamic culture.
Although some studies have trivialized the scope of religion in defining the development or failure of foreign policies, Islamic cultural values remain the working boundaries of the leaders idiosyncracies (Quandt, 1981).
The recent quest by the Kingdom to embrace religious tolerance amounted to lack of legitimacy and subsequent threat of dwindling political support. Therefore, the need for political legitimacy meets this opposition with little or no effort, thus offering itself support of the domestic interests.
In the recent past, the country has witnessed mild tensions between the political regime and the strict Islamic culture regarded as the sole source of the countrys ideology.
In order to overstate their legitimacy, governments of leading regimes usually adopt policies mirrored with Islam with a view to accommodate Islamic forces. However, these mechanisms tend to provide short-run mitigating solutions to the impending policy challenges (Quandt, 1981).
The conservative nature of Islamic culture and its desire to look into the historical past allows for continuation of a status quo for the already established policies. Therefore, this condition (status quo) denies the progressive nature of diplomatic foreign policy that contrasts with the rigidity created by the historical elements.
The inability of the Arab and Islamic world to establish sufficiently flexible policies have remained the reason for the stumbling peace after the establishment of the Madrid Peace Conference (MPC). It is evident that although regimes have stepped up efforts such as the proposed peace plan by King Abdullah, these efforts fail because of missing policy links.
The Islamic norms occupy a significant position in the process, policies, and practices of diplomatic agenda. The spread of the Islamic value systems across the Arab world has generated a sense of cultural homogeneity (Nonneman, 2005).
The fact that the Arab and Muslim world has continued to gain from the Islamic unity has resulted in a continuous interactions among Muslims and its allied forces. This form of brotherhood within the confines of common religious garment facilitates all sorts of cultural, social, and diplomatic strengths, which blurs the issue of borders and state sovereignty.
Arab Nationalism
The study of the politics of the Arab world leads to the unique characterization of Islamic states with regionalism. The rise of Arab nationalism has tended to generate the ideologies of Islamic unity over several decades (Nonneman, 2005).
Although no clear link of foreign policies may be available to demonstrate this growing relations, evidence suggest that Islamic culture serves as the moderating effect that creates an implied form of commonness among the Arab world. The distinguishing element of the Arab politics is enshrined in the presumed existence of a shared unity, identity, and a harsh reality of anarchy.
Recently, several studies have proven the inexistence of the Arab world, but found out that the Arab political system still carries the elements of a family (Nonneman, 2005). This means that the Islamic norms have strong influence on the emerging quest for diplomatic course among the Islamic states.
In the contemporary Arab politics, the use of weaponry to wield power has ceased, but instead guided by powerful Islamic structures as the balance of domestic and foreign legitimacy (Alshamsi (2011). Some scholars have sounded lack of legitimacy as contrasted to military resources as the major impediment of the Arab foreign policy frameworks (Emerson, Youngs, and Amghar, 2007).
The need to navigate the Islamic notions across the world has led to the Kingdoms direct link with the ongoing international peace and war interventions.
The transfer of Saudi young men forming graduates of Islamic Universities to other Islamic-based states and other countries serve to highlight the extent to which the government of Saudi Arabia perpetuates its Islamic culture to the rest of the world. These activities supplement official efforts of the countrys foreign policy initiatives to sustain its interests amidst the opposing non-Muslim world (Commins, 2006).
Conclusion
The role of religion in streamlining political ideologies of most countries, especially the Arab world has dominated current debates about their influence on foreign policies. History recalls that from mid 1930s up to 1991, the Saudi Islamic concept opposed the existence of communist ideologies. Islamic culture and value systems have continued to navigate the Saudi foreign policy and its relationship with the rest of the world.
The position held by Saudi Arabia in respect of Islamic foundations has stimulated religious power in the mainstream body polity of the country and its influence on external relations. Although some studies have trivialized the scope of religion in defining the development or failure of foreign policies, Islamic cultural values remain the working boundaries of the leaders idiosyncracies.
The recent quest by the Kingdom to embrace religious tolerance amounted to lack of legitimacy and subsequent threat of dwindling political support. Therefore, the need for political legitimacy meets this opposition with little or no effort, thus offering itself support of the domestic interests.
Guided by Islamic teachings, Saudi Arabia has focused on Arabian unity, Islamic solidarity, and peaceful relations with the external world. At this point, it should be noted that although the western view of Islamic state has painted these countries as being fatal in the context of international unity, recent studies demonstrate that new phase of Islam provides for a renewed impetus for peace.
Although no clear link of foreign policies may be available to demonstrate this growing relations, evidence suggest that Islamic culture serves as the moderating effect that creates an implied form of commonness among the Arab world. The distinguishing element of the Arab politics is enshrined in the presumed existence of a shared unity, identity, and a harsh reality of anarchy.
The fact that Saudi foreign policy remains committal to ensuring peaceful coexistence with allied Islamic countries, its quest for creating foreign policies has been driven by ideologies of Islam. Islam has continued to offer the basis for searching and maintaining allies, and providing support for Muslim countries in terms of leadership and political strengths.
The spread of Wahhabism through the establishments of the leadership regime has ensured that Islam remains the conduit for political power. since its establishment, Wahhabism under the guidance of the political regimes have maintained strict support for its Islamic foreign policies by forming Muslim-based groups to propagate its Islamic norms abroad.
References
Alshamsi, M.J., 2011. Islam and Political Reform in Saudi Arabia: The Quest for Political Change and Reform. New York: Taylor & Francis.
Commins, D.D., 2006. The Wahhabi mission and Saudi Arabia. New York: I.B.Tauris.
Emerson, M., Youngs, R., and Amghar, S., 2007. Political Islam and European Foreign Policy: Perspectives from Muslim Democrats of the Mediterranean. New York: Centre for European policy Studies (CEPS).
Hinnebusch, R.A., and Ehteshami, A., 2002. The Foreign Policies of Middle East States. New York: Lynne Rienner Publishers.
Korany, B., Hill, A., and Kheir, K.A., 2008. The foreign policies of Arab states: the challenge of globalization. American University in Cairo: American University in Cairo Press.
Mandeville, P., 2007. Global political Islam. New York: Routledge.
Ministry of foreign Affairs (mofa)., 2005. The foreign policy of the Kingdom of Saudi Arabia. Web.
Niblock, T., 2006. Saudi Arabia: Power, Legitimacy and Survival, New York: New York: Taylor & Francis.
Nonneman, G., 2005. Analyzing Middle East Foreign Policies And The Relationship with Europe. New York: Routledge.
Qing, Y., 2009. The Influence of Islamic Culture on International Relations. Web.
Quandt, W.B., 1981. Saudi Arabia in the 1980s: Foreign Policy, Security, and Oil. Washington: Brookings Institution Press.
Wilson, P.W., and Graham, D., 1994. Saudi Arabia: The Coming Storm, New York: M.E. Sharpe.
Hassan- al Banna and Yusuf-al Qaradawi are among the most renowned Islamic scholars. The two are famous for their role in championing for the rights of Muslim during the 20th century. As such, the two leaders are regarded as the fathers of contemporary Islamism. Banna was among the founders of the Muslim Brotherhood.
By the year 1945, the group had millions of followers across the Arab world. On the other hand, Qaradawi was a student of Banna. After Bannas death in the year 1949, Qaradawi became very prominent. He has written over a hundred books focusing on Islam, politics, and the association between Muslims and non-Muslims. This article seeks to highlight on the solutions and suggestions offered by the two leaders in relation to the political crises that affected Muslims during the 20th century.
In his writings, Banna pointed out that Muslims could liberate their country from the political bonds if they adopted the way of Islam (Euben & Muhammad 57). He noted that the Muslim world had lost its freedom and sovereignty to the colonialists. He suggested that during his era political struggle had subsided.
Banna asserted that there are only two ways, which people could orient their nations for a better course. People could adopt either the western way of life or the Islamic way of life. He believed that each of the two ways had disadvantages and advantages. According to him, the Islamic way was the only means Muslims could solve their political crises.
He suggested that if nations were to orient along Islam path, several benefits were going to be realized. To him, Islamic way fosters sanctity and stability in the minds of the people. Through this, he believed that once people get oriented to the Islamic way of life they will take pride in their nationality and portray sincere patriotism.
He further suggested that taking his proposed course could strengthen Islamic unity and end the political issues faced during the 20th century. Banna urged the Islamic countries to unite. He suggested that united Arab countries could lead to a practical and vital deliberation on the issue of the departed caliphate.
Equally, he also suggested that Islamic countries could reduce political issues if they end party rivalries in their countries. He urged them to channel their political forces into a single phalanx.
He asserted that after ending party rivalries, countries should reform their laws to ensure that they conform to Islamic teachings. Throughout his arguments, he always blamed the west for corrupting the Arab youths. He believed that Arab Muslim were better off without the influence of the west. To him, the western way of life had made some Muslims to be selfish.
Another reform postulated by Banna was that all Muslims nations should strengthen their armed forces. He suggested that renascent nations need strength. He believed that during his time peace could only be guaranteed through strength. During his era, there were numerous conflicts between the Arabs and the Israeli and their allies. Therefore, he supposed that a strengthen armed forces would only guarantee peace to the Arab Muslims.
On the other hand, Qaradawi believed that political crises in the Muslim world have been fueled by misunderstanding between Islam and Democracy (Euben & Muhammad 231). During the 20th century, some Muslim extremists insisted that democracy could not coexist with Islam. Other clerics insisted that democracy was unbelief.
They believed that through democracy, humans had embraced human rulers rather than a Godly ruler. Qaradawi acknowledged in his writings that misunderstanding about democracy was the major cause of political conflicts both in the West and in the East.
Qaradawi proposed that there was a need to end the misunderstanding between Islam and democracy. He refuted claims by the Muslim extremist that democracy was unbelief. He suggested that in fact Islam prohibited dictatorial leadership. He points that the Quran rejects the notion that leaders lead individuals in prayer they do not accept. He further suggests that the best of the Islamic leaders are those that love their followers and are loved in turn by their followers.
He suggested that the Muslim world could end their political issues if they embraced democracy by rejecting tyrant leaders. He associated tyranny with corruption. He further alleged that the Quran does not only reject tyrant leaders but also those who obey their commands. In this argument, he was referring to the police and the armed forces of the tyrant leaders in the Arab world during the 20th century. He suggested that the teachings of Prophet Muhammad forbidden the oppression and unjust treatment of the people by their leaders.
He further suggested that democracy was the only tool available that can be used against tyrant leaders. Although democracy is not free of faults, he believed that it should be used to protect people from dictatorship leadership until another better approached is identified. He urged the Muslim world to adopt democracy because through it their leaders could respect their human rights and treat them equally.
As noted above there are major differences between the two scholars suggestions about how to end the Muslims political crises. Banna believed that the Muslims woes were directly related to the western influence. As such, he blamed the Westerners for corrupting the Muslims cultures.
On the other hand, Qaradawi believed that the confusion between the democracy and was the major factor that should have been blamed for the political issues faced in the Muslim world. Unlike Banna, he blamed the tyrant leaders for the increase in political issues.
Another major difference between the two scholars arguments was that Qaradawi did not condemn the western way of life in the manner in which Banna condemned. Qaradawi noted that values that that are in line with the Quran are aimed at helping the people should be tolerated.
He even embraced democracy as a means of ending tyrant leadership in the Arab world. This implies that he was more lenient to the western ideologies compared to Banna. On the other hand, Banna insists that Muslims could end their political rivalry if they embraced the Islamic way of life rather than the western way of life. This implies that he was totally against the western influence.
Based on the above argument, it is apparent that Qaradawi embraced democracy while Banna was against democracy. Qaradawi argued that through democracy the Muslim world could liberate itself. However, Banna insisted that through the Islamic way of life Muslims could liberate themselves.
Banna provided several ways through which the Arab nations could enhance their unity. Surprisingly, he never mentions about democracy in his proposals. Some of his proposals are against the will of democracy. For instance, he urges the nations to have control over the media.
Works Cited
Euben, Roxanne Leslie, and Muhammad Qasim Zaman. Princeton readings in Islamist thought: texts and contexts from al-Banna to Bin Laden. Princeton: Princeton University Press, 2009. Print.
A socialist approach to politics focuses on equal power relations and adhocracy. Socialist politics aims at the alleviation of hierarchical government structures. Islamic principles on the other hand aim at the deployment of a conservative approach to governance. Qaddafi argues that the integration of his socialist politics into Islamic principles ensures effective governance (Byrnes 12). Qaddafi argues that traditional interpretations of the law under Islamic principles are not appropriate based on the fact different people have different interpretations of Islamic law. Irrespective of the motivations behind such an approach to politics, the claim that traditional interpretations of Islamic law are reactionary is not justified. Just like any other religion, Islam was founded on staunch principles that aim for the good of humanity; it cannot, therefore, be asserted that there are different interpretations of the Islamic principles. In addition, the claims by Qaddafi that Islamic principles are a reactionary approach to leadership are not justified because it is a violation of the ethical principles that govern Islam as a religion. This implies that Qaddafi has no trust in the use of Islamic principles to govern (Byrnes 14).
The political frameworks of Islam are based on three significant principles that incorporate oneness, prophethood and Caliphate. This implies that the administration of authority is according to ones instructions and that the main objective behind leadership is to ensure the good of humanity. Qaddafis perceptions do not reflect such principles of Islamic governance. Islamic principles also put emphasis on democracy, Qaddafis socialist approach to politics seems to denounce democracy as a way of administering governance. Based on these arguments, Qaddafis claims are not justified.
Qaddafis ideology towards the resolution of the problem of democracy was not a success because the various levels of freedom aimed at fostering expression of oneself and not of the society. An important aspect of democracy is the ability to express oneself rationally, without fear of infringement. Corporates and individuals have this freedom disposed to them provided they act within their sanity, and they should express their interests only without generalizing; this inhibits the development of democracy because every expression entails some element of self-interest, rather than the views of the public as a whole. This shortchanges the press because an individual has no right to ownership of a means of passing information to the public. This implies that only the government and a few peoples groups have such rights. The press serves as a channel for expressing the views of the society; this is a significant strategy in ensuring democracy within the society (Simons 56). The claim that Qaddafi aimed at resolving the problem of democracy through his green book ideology is not valid, as evident by the infringements on the press section. The underlying argument is that the strong will rule always, while democracy will forever remain a theoretical concept.
Works cited
Byrnes, Sholto. The NS Profile: Muammar al-Gaddafi. New Statesman (2009): 12-14.
Cook, Michael. The Koran has a very short introduction. New York: Oxford University Press, 2000.
Kepel, Gilles. Jihad: on the Trail of Political Islam. London: Harvard University Press, 2002.
Nasr, Seyyed Vali Reza. The Wrath of Militant Islam. International Journal of Middle East Studies (2000): 45-50.
Roy, Olivier. The Failure of Political Islam. London: Harvard University Press, 1994.
Simons, Richard. Ahmadinejad vs. Khatami. Economist (2009): 6-9.
Wright, Robin. Dreams and Shadows: the Future of the Middle East. New York: Penguin Press, 2008.
Whereas in the short term regional tyrants may assist Western interests in a region, in the long run, they may seriously work against the West. A good relationship between nations is the recipe for the economic, social, and physical development of the world in general. This calls for no strained relations whatsoever, but this at times can be achieved at a price. In the context of Saudi Arabia and the western world, it can be said that their relationship is mutual, especially with the United States of America. But their relationship nearly hit rock bottom after the September eleventh attacks of the Twin Towers of the World Trade Center in New York. It was established that quite a number of the suspects in that escapade were nationalities of Saudi Arabia (Cordesman 208). Before the attack, these two nations had experienced a good relationship. The Monarchy of Saudi Arabia can be thought to rule its citizens and the Arab world in general because their decisions really count in all aspects of life. Who may have known that the attack was to hit back at what is thought of the American interest in their oil resources. The existence of Al-Qaeda in Saudi Arabia contributed significantly to the attack because by then the Saudi government was not against their activities in the world. The terrorists took advantage of this and then, the attack was launched for the attack of the United States. This therefore can lead one to the speculations that the good relationship between the West and Saudi Arabia is brewing more trouble in the future (Cordesman 216), because one may not know whether the Saudi government knew of the attacks or not.
Throughout the history of Islam, politics and religion seem to be intertwined, they both go hand in hand and they must all be respected. According to the world English dictionary, in this context, the term consistency means agreement or accordance with facts, form, or characteristics previously stated, therefore in the context of political consistency in regard to Pakistan, as a nation it has experienced different forms of political leadership since it gained independence in 1947 as well as its subsequent separation from India, the forms of leadership ranging from Military to democratic rule. It has got quite a number of alternating democracies and authoritarian military governments (Kukreja & Singh 19). Therefore leadership has been changing hands and the country has seen different leaders with different ideologies. Pakistan even had a woman president that is Benazir Bhutto. Being part of the Muslim world, then that can be considered an achievement because this portrays that women, who have been marginalized for a long time now are seen as equal members of society who can do the same things that men can do thus bringing in the issue of gender parity. There is also the issue of Multi-party democracy in the country at the moment which means that as much as it is a Muslim country it respects the rule of law. But the major problems that have been standing in its way of achieving democracy are the issue of political instability and coups that have faced the nation in the past as well as assassinations and military rule too (Kukreja & Singh 19). These problems have brought forth a major challenge that is yet to be solved in order to get full democracy.
The Kingdom of Saudi Arabia is considered a traditionalist society in the present-day world. It has adopted the Quran as its constitution, therefore, meaning that it is the Sharia law that is used as the mirror for governance. It is the norm that the king must be chosen from the lineage of King Abdul Aziz Al Saud, who is its founding leader. The king must therefore be one of his sons or grandsons and therefore should not come from anywhere else. If one is to ascend to the throne then he has to be approved by the loyal family and also the religious leaders are also known as the Ulema. This means that no one outside the royal family will ascend to the throne. Despite the presence of the legal framework, all decisions are made by the loyal family with of course a few consultations with the most important members of society which implies that the common citizens are not part of the process of decision making. This is not depicted in the Sharia law, the sacred law that is the foundation of Islam to which the nation attributes its leadership and governance.
The Sharia law has got so many varying interpretations but notwithstanding Saudi Arabia does the contrary. The Sharia Law teaches that there should be no room for dictatorship, no place for monarchy or martial law in Islam. If a martial dictator claims that he will present a martial law- he is nothing but a fraud. The Islamic system is based on nothing but democracy (Al Rasheed 148). The teachings go ahead and prescribe that the leaders should be chosen by the people because even in the days of the prophet Muhammad (pbhu) there existed the house of commons (Mujlisay Aam) and the house of experts ( Mujlisay Khaas)(Al Rasheed 148) whereby its members were chosen by the people. This clearly states that there should be freedom for the people regardless of the positions they hold in society, to choose their leaders and therefore no leader should inherit any leadership position. By the Saudi Arabian Monarchy, therefore, holding leadership in their family line, it is thought that it has gone against the Sharia Laws which they profess. To go hand in hand with these teachings, therefore, the government should change that system, from an absolute monarchy to a formal democratic leadership.
Works Cited
Al Rasheed, Madawi. A History of Saudi Arabia. New York. Cambridge University Press. 2002.
Cordesman, Anthony. Saudi Arabia Enters the 21st Century. New York. Praeger Publishers. 2003
Kukreja, Veena & Singh, Mahendra. Pakistan: Democracy, Development and Security Issues. New Delhi. Sage Publishers. 2005.
The right to own land is part of a larger set of property rights. In Islam, the associations related to property are regarded as social relations, referred to as muamalat under the Islamic law. These relations are different from ibadat, which refer to associations with worship.
The rights to property and land in the Muslim world are affected not only by internal structure of the society (through the Islamic law) but also by external forces which take the form of human rights organizations and development policies that emphasize on a fair and equitable society. These religious and moral contexts of land could be internalized and included into property relationships of numerous communities in several ways. The Islamic Law has a profound impact on all matters pertaining to land and property including acquisition, access, management and inheritance.
Property and Land in Islamic Theory
Land has been referred to in many paces in the Quran and these references are the basis of property rights and respect to them. Individual property rights are well established but are created as a consecrated trust in accordance with the principle of harmony, stewardship and confidence. Muslims believe that property and land are obtained from God, but at present God entrusts these properties to human beings for their use through responsibility or trust. Nevertheless, for the most part it is not seriously contested that the rights to possess, take pleasure in or separate from land exist in Islam. Nevertheless, their authority is obtained from conformity to the Islamic principles.
Unlike Western laissez-faire individual property rights which no one interferes with, the Islamic property rights are granted based on the condition that the owners will not use the property in a wasteful or exploitative manner or in a way that deny others their rightly obtained property. The Quran insists that people from all walks of life should respect the property rights of everyone regardless of their religious affiliations. Non-Muslims thus have the same property rights as the Muslims. The Quran also has laws and regulations that govern the guardianship of the property of orphans, warnings against property misuse and the inheritance rights of women. The unique Islamic land tenure agreements can speed up the process of access to land.
Security of tenure means that the right of gaining access to and making use of land and property is embodied in a familiar set of rules and this right is justifiable. Muslim scholars have a common agreement that property rights are one of the five basic values of Islamic law which need to be protected as a matter of precedence. The Prophet put emphasis on this issue by proclaiming to the gathered congregation that nothing shall be legitimate to a Muslim which belongs to a fellow Muslim unless it was given freely and willingly (Cammack 22).
Property and housing fall within the personal sphere in Islam and are thus totally cushioned. This shows the esteem given to property rights by Muslims. Under the Islamic laws, theft is regarded as one of the crimes which are liable to be punished by a pre-created harsh punishment (Hadd) found in the Quran.
Islamic hypothetical assertion that ownership of anything belongs to God solely is a symbol that ownership depends on just and redistributive principles. The Islamic Law, particularly as ingrained in the Quran asserts that land belongs to God but is given to man to help him while here on earth. The Islamic Law further asserts that the State manages the land and property on behalf of God but for the good of all mankind. As a result, the Islamic Law adheres to the redistributive principle which promotes social welfare rather than private gains. This is illustrated by the fact that the poor in the Muslim societies have rights against their government as well as those with vast wealth.
Factors Affecting Islamic Land Doctrines
Although the Islamic laws have overall principles that govern the rights to property, the Quran failed to illustrate on land tenure, regulation and administration or the mechanics through which it is protected, thus leaving it to subsequent generations to build on the field. Although the practice pertaining to different Muslim ruling empires cannot be simplified, one thing remains similar in all these empires and that is the promotion of personal land rights. Nevertheless, certain events for instance colonialism and domestic events have played a part in the development of modern land regimes. The rights to property throughout the Muslim economies cannot be simplified or highly attributed to religious or historical factors solely. The rights are also a result of modern economic situations and decisions.
A number of Muslim economies have been hastier than others to respond to the calls for the opening up of their markets to the global market as well as to the problems of globalisation. The union of traditional and Islamic law has been a significant element in the creation of laws and practices that govern land ownership and use in Muslim countries.
In addition, in Muslim countries, land has several cultural connotations and connotations. In the past, Arabs have always viewed land as the most precious asset and as a component of their individuality. Land is also significant to their personal esteem and honour. Other similarly vital elements including family and kinship are a big contribution to influencing the process and impact of property rights.
Land Administration in the Muslim Context
The relationship between good governance and a competent land policy is well developed. The 2004 Arab Human Development report inferred that the state of freedom and good governance in the Arab world varies from poor to critically poor, although there are some positive elements too. The supposition that there exists an Arab framework of governance has been criticized. At the same time, many of the studies surrounding Islam touch on the Islamic State as a utopian past or idealised future. Principles of consultation (shura) and justice (adl) are well incorporated in Islamic awareness and governance throughout the centuries and are powerful.
Contrary to the scholars who regard Islam and democracy as being irreconcilable, there are other scholars who assert the opposite. However, it is obvious that Western and Islamic frameworks of democracy are different. Research studies that focus on the customary and contemporary Muslim civil society also assert that customary civil society institutions for instance the endowment (waqf) are in sharp contrast to Western motivated agreements.
With the exception of the limitations imposed by the State regarding the activities undertaken by civil societies in majority of the Muslim States, there are hypothetical quagmires surrounding the non-governmental organizations. The degree to which these organizations can conform to global principles and methodologies and their associations with Islam usually influences their position with the state and the society. Civil society in the Muslim society is therefore manifested in several ways, for instance, through religious and charitable organisations.
In order to fully understand the Islamic administration of land, people often make a reference to the Ottoman land history. The Ottoman land administration was mainly a government based on the collection of revenues through taxation which in turn had significant consequences on social and land structures. Nevertheless, the Ottoman Empire experienced falling power of the State in the seventeenth century which forced the administration to introduce tax farms through which land revenues could be collected. These tax farms were successful and survived until the beginning of the nineteenth century.
The experiences of the Ottoman land administration, which were in part based on Islamic principles but similarly influenced by other socio-political factors, have valuable lessons for todays evaluation of Muslim land and property ownership laws.
Although land and property in the Muslim world are managed in accordance with the Islamic law, principles based on the public interest also play a key role in the land and property management. The protection of property rights, as a component of fundamentals of Islamic law, is dependent on the consideration of public interest as a subject of precedence. Customary Islamic principles that govern land did not forecast the current day problems of urbanisation, land conflicts, innovative means of use of land, environmental degradation as well as the problems of access to land and safety of tenure.
Nevertheless, at the policy level, a State that adheres to the Islamic principles has substantial scope in adjusting its land policy to fit the gains of the society through public interest (maslaha). Particularly, this policy instrument can address the rights of the landless poor, slum-dwellers and squatters.
Islam and Contemporary Land Issues
One of the essential problems facing any land administration is the creation of suitable cadastre systems which can give crucial information and make clear the legal rights. Apart from a western creation, cadastre has been seen in the pasts of a number of Muslim countries.
The original types of cadastre in Islamic society were created in the seventh century by the Prophet. During the Ottoman period, a land registration system thrived with wide-ranging land information records that contained all obtainable land-related information. In spite of its determined extent, the registration was not able to be completed for the whole Ottoman territories. The perceptions of the Muslim countries towards cadastre or tiling are different but there is no element in Islamic law that discourages these efforts. On the contrary, Islam seems to encourage cadastre.
Palestine, which is at the centre of the Arab-Israeli land dispute, is a clear indicator of the complications and unique features of Islamic (and more specifically the Ottoman) land administration framework. Palestine adhered to majority of the Ottoman land administration features such as the Ottoman Land Law of 1858. Nevertheless, Palestine also had its own precise laws, for instance, those that relate to land registration and rights to own land by the foreigners.
Like other territories of the Ottoman Empire, substantial parts of the land were owned by the State. These portions of land were initially transferred to Britain in 1917 and later to Israel when it was established in 1948. Instead of entire confiscation, Israeli policy used discriminatory analysis of Ottoman and Islamic principles of State and dead lands, together with very high evidentiary conditions for proof of ownership, to make land a public property. The Israeli land title registration office is still known as the Tabu office and title registration certificates as Tabu papers. These terms originated from Ottoman. One of the central elements of the Arab-Israel land dispute is the reliability of the Ottoman land records.
The high rate of urbanisation and its accompanying challenges has raised the question Are Cities in the Middle East Sustainable? (Rosen 41). These challenges relating to urban management are not any different from those currently being experienced by non-Islamic cities. Nevertheless, the significance of Islamic planning and rights is central to the planning issue, reinforcing socio-religious aspects. However, some people ask Why would one expect Islamic cities to be similar and in what ways? (Lawrence 42). The renewed attention given to Islamic planning systems may or may not offer a good option hypothesis but it needs to be examined.
Environmental problems, especially those that originate from water shortages and conflicts are important in the Middle East and other areas of the Muslim world. The Quranic perception asserts that everything on the earth was created for humankind as Gods bounty (niamah) to be exercised with care as a trusteeship (amana) (Mitchell 103).
Environmental protection can be nurtured by the existence of a high number of institutions and systems. The issue surrounding private ownership over water, contrary to the rights of access to water, is central to Islamic debate. Hirsch argues that, in contrast to classical Islamic theory in which all land is held in trust for the benefit of the community, water rights over individual lands were bought and sold during the Ottoman period, and this continues to this day, (39).
Centrality of Islamic Law in the Muslim World
Law by and large is an important channel in the creation, expression and execution of land policies. The law helps to define the term property rights and its meaning and at the same time it gives information about land tenure systems and standards of land administration. Around the globe, there are differences in the manner in which property rights are created, the kinds of property rights accepted, the regulation of varying types of utilization and users as well as the enforcement systems.
Regardless of the degree and type of Islamic law that is authorized in Muslim countries, in the awareness of much of the Muslim world, land tenure systems and notions are by and large established or recognized, to a certain extent, through making a reference to the Islamic law. As a result, there is no sphere of Islamic land law but instead it is a combination of interrelated subject matters or fields which experts identify as such. As a result, the rights to possess land in the Muslim society are not viewed as a separate entity but instead they are best comprehended in a holistic manner, that is, they are part and parcel of other parts of the Islamic law.
Scott-Hunt and Lim state that, Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself (43). A great chunk of Islamic law governing land, property and housing are found within the area of social transactions (muamalat) and as a result they are subject to a higher level of analysis than issues surrounding religious observances. Islamic law makes no sense in the absence of the moral principle of the sacred revelation. There are several essential Islamic notions or golden threads that incorporate the spirit of the Islamic law (Sharia).
They include: rights (haqq), justice (adl) and equity (qist) which are reiterated in the Quran, (Scott-Hunt and Lim 51). Islamic law needs to be understood from a socio-historical perspective and deliberations although it may have surpassed classical analysis. The basic standards of Islamic law (Maqasid al-Sharia) give importance to the property rights as a major concern therefore there is no law that can oppose this fundamental principle (daruriyyat). In addition, it mandates the State policy, through public interest or social welfare (masala), to operate in a manner that promotes it. Therefore, property and land rights are the core of Islamic law but they must be dealt with within the context of Islamic methodology.
Sources of Islamic Law relating to Land
The classical law that governs property and land rights went through a number of periods of influence which include: the Ottoman, colonial and post-colonial/modern eras. In 1858, the Ottoman government merged a number of laws that existed at the time into a Land Code. This Land Code became the basis upon which majority of the States in the contemporary Muslim world obtain their land tenure classifications. The greatest chunk of the present-day Islamic Property law has its roots in the Western legal framework.
In the Muslim society, the sources of law have a specific laid down hierarchy. Thus, cases are handled based on the hierarchy of these sources of law. There are two main and elementary sources of law which include the Quran and the Sunna. The Quran puts emphasis on the universal access to and rights of property and land. These emphases are crucial, for instance, when it comes to the issue surrounding women and their rights to land and property.
In cases where an Islamic property system are handled overtly by the Quran, majority of the Muslims would consider the issue not subject to autonomous reasoning but that instead it should be analysed from a holistic point of view. An additional significant source of law is found in the records of the expressions and actions of the Prophet (Sunna), which exist in the form of an assorted compilation of narratives (hadith).
In this source of law, the difficulty is to eliminate bogus gender disparaging traditional customs that are viewed as Islamic axioms contrary to the gender empowering Quranic principles. Contemporary rights relating to land, property and housing within the Islamic context are still deeply ingrained in the two basic sources of Islamic law.
Reasoning by analogy (qiyas) and consensus (ijma) are other sources of Islamic understanding or law (Sharia), which are however secondary in nature. Consensus (ijma) is generally perceived to imply the undisputed accord held by those who are experts in the faith at a given time on a particular subject matter, although this is a debatable issue.
It is consensus which permitted protection over the property of minors. This allowance has been expanded by qiyas to include the protection of minors in marital relationships. Mir-Hosseini states that, reasoning by analogy is a form of deduction in comparable cases which links the reasoning back to the original sources of the Quran and the tradition of the Prophet (Sunna), (51).
Besides the primary and secondary sources of law, there are other supplemental sources of law which include juristic preference (istishan) which enhance the flexibility and responsiveness of Islamic law (Sharia) and which demonstrate the plurality of method in Islamic law since some of these tools are only closely associated with particular Sunni schools, (Mitchell 32). This raises the notion of juristic preference, where freedom to act can be practiced in cases of mis-application of justice. Likewise, a common rule inherent in some Islamic schools of law is that of necessity and need. Another supplementary rule of law is founded on the public interest and social welfare.
This rule of law has its origin in the Maliki School and it gives the judges the discretion to solve the cases presented to them. Nevertheless, this discretion must be applied in a manner that promotes the welfare of the parties involved in the case. The exception to this rule of law is that what is decided by the judges is not addressed by the Sharia otherwise it would contradict it. Mir-Hosseini further asserts that, independent personal reasoning (ijtihad) is an established wing of Islamic jurisprudence (41). It is not considered to be a source per se but an interpretative mechanism which is not limited to judges but is the divine obligation (fard kifaya) of each capable person.
Islamic Law in a Pluralist World
Recognizing the existing Islamic school of jurisprudence is a pre-requisite to engaging with the Islamic legal dialogues in a specific framework. For instance, Hanafism, the most prevalent of the four schools is regarded as the most flexible to creative elucidation of its chief principles.
The legal systems of the Muslim world show significant differences due to their particular past and colonial framework, the State philosophy and the degree to which Islamic law can rule over secular or traditional laws. The legal systems of majority of the Muslim states have gone through substantial secularization to different extents, in spite of the ethical definiteness of its religious past, due to Western influences. In spite of different pasts and types of government, there is astounding similarity among the different judicial systems of the Muslim world.
The custom of Islamic law in Muslim world, therefore, asserts compound and controversial association between specific varieties of Islamic law and other types of law state or customary law. Scott-Hunt and Lim argue that the normative systems are at times known as quasi-legal or informal, but legality and illegality are not so apparently distinguished. Morocco, Indonesia and Egypt illustrate how paying attention to legal pluralism, or legal dualities/contradictions, may promote our legal comprehension of both Islamic law and the multifaceted, overlapping and rival traditions that are found in Muslim countries (41).
The Law of Islam has its roots in the era of the Muslims Prophet. It was founded on the pre Islamic cultural values and practices. As the faith spread across different Islamic levels it brought about a mutual relationship between the old and new Islamic cultures. Modern Islamic jurists who played an active role in validating customs in Islamic context agreed to and accepted the same on conditions that it was not contradicting Islamic principles.
In many Muslim societies, the customary beliefs and Islamic culture have nearly been merged together and this calls for a lot of understanding and soberness when differentiating them with the existing land practices. Positive Islamic principles are usually used to replace old traditions that are found not only to be unacceptable but also show a great level of injustice to the citizens.
Islamic Law in Action
Despite the fact that many Muslims adhered to the general Islamic law, the Islamic law has always run parallel to the secular law. During the Ottoman Empire era, the administration established a sequence of secular codes which were known as qanun. This happened at a time when the Islamic laws were highly promoted and adhered to. The Ottoman administration also established various institutions and persons to ensure the implementation of these different laws and interests within the Islamic systems. Included in this function were the Qadi (Islamic Jurisdiction judges), Muhtasib or Ombudsman as they were known.
These were the administrative officers, judges who took care of secular matters. There were also the informal but legal authorities known as the Muftis who issued fatwa or responsa and advisory opinions and finally the ones exercising ijtihad or personal reasoning who were known by the name Mujtahids. Muslim judges gave more caution to moral values and social goals and the need to instil legitimacy within multiple schools of legal thoughts.
The Qadi courts main work was to balance the rights or duties owed to God with those of individuals to an extensive chronological scale. Classical judges pay much attention to the Qadis and their qualification enlightening them on matters of evidence and court procedures. They were also prepared on Adab al qadi, which is a type of literature which shows the judge how to behave while in the court room. The qadi is also required to be familiar with the discretion of the judges as well as practical assurances, which are crucial features of the Islamic law.
In most cases the Islamic system did not need lawyers since most of the offenders handled their own cases by either pleading guilty or innocent. Most cases that came as a result of a dispute or a disagreement were dealt with within the formal processes acceptable to the community and the society as a whole. Issues of medication and conciliation are well elaborated in the Quran which is the Islamic holy book or in the Prophetic laws and so can easily be referred to in case there is any medical or conciliatory need. They include Sohl (conciliation), medication (wasta) and arbitration also known as takhim.
In order to assess the applicability of Western methods of resolving disputes in non Islamic regions such as the Arabic-Islamic cultures experts are now taking into consideration the indigenous schools of thoughts and feelings coupled with locally based rituals to resolve, reduce and manage disputes.
Muslim states and societal members have duties such as promoting good (maruf) and stopping if possible or preventing munkar (wrong doing). Since time immemorial of the Islamic history, the hisba agency was governed by an educated judge (muhtasib) who served as a market inspector, chief public medical or health officer, land use enforcer and receiver of complaints. The hisba agency is also highly applicable in the present day Muslim societies.
The rights to land and property is a part of the Islamic legal context which is related to social relations or muamalat as it is commonly known. It is very susceptible to flexibility and innovation though other Islamic laws and principles can be applied.
Despite the fact that well cultured Islamic rights literature supports the pro-poor, innovative and inclusive land and property regime, the theory surrounding the Islamic law is rife with challenges that affect its translation and thus it is difficult to articulate its thoughtful ideals and objectives. Thus, a number of juristic works should be systematically taken into consideration so as to find methods of access to land security of tenure and protection from forcible eviction even though Islamic legal raw materials and concepts exist.
Muslim Women and Property
A study of land and property rights in any society cannot be complete without examining the issue of gender. This is because in many societies there has always been the issue of gender discrimination when it comes to land and property ownership and rights. Women have often been discriminated against men in this particular issue.
This is further worsened by laws and regulations that make it difficult for women to acquire or manage property and land. For instance, in such societies women can only acquire land or property through their husbands or fathers. As a result, these laws present challenges for women who are unmarried. This section will examine the issue of land and property rights as they affect women in the Muslim society.
Debunking Stereotypes Regarding Muslim Women
To regard or refer to the stereotyped picture of Muslim women as passive victims would appear to be a requirement for developing reasonable methods for accessibility of land to women. Muslim women have devised a way of expressing their opposing and often disagreeing points of views or opinion while at the same time systematically and cautiously accepting chosen western methods. A challenge for most western commentators who happen to be atheist, agnostics or secular has been how to tackle what is normally regarded. However, such a hard approach does not only make believing women feel left out but also leaves out or neglects a broader range of practice that offers positive effects on womens lives.
A number of ways can be used in evaluating land, property and housing rights for Muslim women. One of them is by using the International human rights law standards. However, many Muslim countries do not view the universal human rights law in a positive light. Indeed, many of these countries are not signatories to these universal laws.
On the other hand, for the countries that are signatories to the laws, majority of them have exempted themselves from abiding by some specific clauses within the laws that focus on gender matters. To worsen the situation, many of the universal human rights laws do not regard gender issues a matter of importance while some of them fail to provide strategies that ensure that the gender-based laws are implemented by the signatory countries.
Womens Rights to Property under Islamic Law
Generally all the major Islamic legal document support womens right to acquire, hold, use, administer and dispose of property. A Muslim woman holds an independent, legal, economic and spiritual identity and independence (Sonbol 66). The Quran states that women shall be legally entitled to their share and that to men is allotted what they earn, and to women what they earn (Sonbol 67). Men only regard a property to be lawfully theirs if women decide to transfer that property to them. The rights of women to own, posses, manage and inherit land or properties have their basis on a number of Islamic laws such as family law, property law and economic law.
Muslim women have fewer rights of inheritance under the Islamic mandatory succession rule. For a long time this has been considered as a contributor of inferior state of women under the Islamic law. People who support the thought that womens property right under the Islamic law should be given a wholesome approach refer to the Quranic statement that men spend out of their priorities for women (Sonbol 63).
The discussion continues to an extent that women do not have any recognized financial obligation. In addition, Muslims usually assert that there exists alternative means of possessing property, for instance, through gifts, dower, and maintenance in marital relationships and as beneficiaries under waqf which is also considered to be a component of gender property rights compensatory scheme. There is no existence of any Islamic law that prohibits women from possessing equal property rights with men apart from situations dealing with inheritance.
Social History of Womens Property Rights
The ancient records of how women are treated equally with men under the law, in conjunction with models of women who control and run property, offer tangible and strong proof of the existence of mechanisms within the Islamic lawful structure that promote standing of women in modern societies.
In the traditional Islamic history, Muslim women had a number of public roles to play and without a doubt they fully implemented their property rights. In his sermon to bid farewell to his followers, the Prophet insisted on equal rights to all Muslims irrespective of gender orientation. To prove his position on womens rights to own property, he ensured that his wives possessed their own individual properties that were not tied to his.
Womens rights in the Muslim society are also illustrated by the powerful positions given to women in the society. Feillard argues that the first convert to Islam (Khadija), its first martyr (Sumayya), the first to grant refuge to the Prophet at Madinah when he fled from persecution at Makkah (Umm Said), the keeper of the keys to the Holy Kaaba, the custodian of the first copy of the Quran (Hafsa), the manager of the first hospital (Rafidah Aslamiyya), one of the Imams appointed to lead the prayers of both men and women (Umm Waraqa) and a superintendent at the market at Madinah (Samra bint Nuhayak al-Asadiya) were all women (p. 111).
Customs, Family and Womens Property Rights
The right to own property by a woman is determined by her social status, her position in the lifecycle and her flexibility within her family and her household. In Muslim families, the issue of property ownership is usually a matter that is subjected to explicit and implicit conciliation and haggles. To be a property owner, women usually use various methods some of which may be seen as sensitive but very reliable.
As a result of this Tucker said that as part of the economic, social and political landscape, the family evolved in response to variations of its role&operating differently as an institution of social control in different environments (205). Thus the family is a solid combination of different areas of experiences for various placed members with opportunities for many strategies by women, some of which may appear spontaneous but very workable (Tucker 206).
In assumption, the accessibility of a woman to property and land comes to her at various points of development in life, more evidently through her right to dower and maintenance mostly in marriage. Dower (mehr/mahr) is a form of payment made to the woman by the husband. It can be in the form of money or property and is known as prompt dower when paid upfront. The husband can also promise to pay (deferred dower) later to the wife as a result of marriage. Dower is meant for usage by the wife and she can give it away as she pleases. Muslim women can empower themselves in many ways.
For instance, they can do this by using the Islamic right of reasonable dower, with no dread of social costs or social penalty. It is undoubted that a wife has the right to or is permitted to sufficient maintenance during the existence of her marriage. Practically a wife can lose her maintenance rights under conditions such as allegations of disobedience to the husband (nushuq). There are contradictions involving the provision of maintenance with regard to divorced wives. Apart from the right to specific dower traditional judges maintain that the divorced wife has no financial rights against her previous husband, even if the husband had an informed divorce (talaq) to his wife.
Impact of Modern Legal Reforms
During the 20th century, a number of legal reforms were instituted by the Islamic societies which in turn had a profound impact on women and their property rights as well as access to land. Nevertheless, these legal reforms did not necessarily enhance the rights of women to a great extent. The modern land reforms employed across the Middle East did not accomplish a lot by their method of reorganization and consequently did not consider women.
In reference to the land reforms established by Egypt, only the rural middle class and to a lesser scope some rural working class men benefited from the land reforms. When it came to women, only a handful of them had rights over land and these were women whose husbands had passed on and left them with young sons. As a result, non-divorced women with young sons held demonstrations that opposed the law in 1952.
The procedure of codifying, harmonizing or modernizing individual codes as family law reforms was termed as being triggered by colonial influences even though it was done by post colonial Muslin States. It would be surprising if these results slightly changed womens right reforms since this was not their intended purpose. There are various descriptions in the Meghrab reforms that are worthless. For example, the Tunisian Code asserts that wives are required to make contributions to their familys welfare only if they have the ability to do so. This implies Muslim married women with sources of income can help their husbands to pay the household bills.
However, married women who lack sources of income are not obligated to do so. In such situations, the upkeep of the household is the sole responsibility of the husband. The new Modawana in Morocco absolutely excludes in its provisions the perception of a womans obedience (taa) and disobedience (nushq) to her husband. The code considers joint ownership of property and decision making within the marriage.
Conclusion
In the Muslim world, the right to own land and property is ingrained in many sources of reference such as the Islamic Law (Sharia), the Quran, the Sunna, the expressions and actions of the Prophet (Sunna), reasoning by analogy (qiyas) and consensus (ijma).
However, there are differences between the genders when it comes to owning land or property. For women, their rights to owning land and property are determined by their social status, their position in the community and their flexibility within their families and households.
The Islamic law regarding ownership of land and property has its roots in the Ottoman Empire which was driven by revenue and taxation which had significant consequences on social and land structures. The experiences of the Ottoman era, which were in part based on Islamic principles but similarly influenced by other socio-political factors, remain valuable to present days analysis of Muslim land and property ownership laws.
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The period of the Umayyad dynasty is often considered a controversial one as its rulers had both positive and negative impacts on the Arabic state and its development. In general, the Umayyads were dedicated to the cause of Islam and played a crucial role in its successful transition from a local Arabian religion to world civilization. Historical documents and literary sources prove that the Umayyads transformed the caliphate from a religiously oriented state to a dynastic state. Still, The expansion of Islam remains one of the critical elements and turning points in world history.
The Umayyads made a great contribution to the territorial expansion of the Arabic state. The great expansion of Islam was always associated with the growing number of Islamic adherents and the expansion of Arabs that necessarily led to the expansion of Islamic religion in the Asian world. The truth however is that Islamic expansion did not necessarily lead to conversion to the Islamic faith. The concept of Islamic expansion is surrounded by numerous myths and historical misconceptions, and what was traditionally regarded as the rise of the new Islamic culture, in reality, was the expansion of the Islamic empire which did not deprive new Islamic states of religious freedom. In terms of Byzantium, Islamic expansion posed a serious competitive challenge to Byzantium; moreover, Islamic faith-inspired Arab peoples to conquer and siege the lands that had previously belonged to Byzantium. Nevertheless, Arab-Islamic conquests did not weaken, but on the contrary, strengthened the political and social order in new lands. In this context, it would be appropriate to suggest that Islamic contests have tested ability to withstand political and military oppression, and where Arab peoples sought to prove their religious and political superiority, the state used the benefits of its political stability as the means of restructuring and improving its social organization and economic prosperity (Kennedy 83; Latter to Walid II ).
At this point of his literary revelations, Letter of Walid II actually sheds the light on one of the most serious issues in the history of the state. Given the richness of its geographical territories, and the attractiveness of the lands that historically belonged to the Umayyad caliphate, it is not surprising that the Arab opponents were seeking the means to expand their Islamic presence by conquering a part of new land. Certainly, the changes in the political and economic worldview were the inevitable consequence of these conquests, but beyond that, the caliphate succeeded not to surrender to the growing external dangers and did not fail to use its military collapse as the source of the new useful historic experience. This reorganization and restructuring readily covered all areas of political, social, and economic life, as well as the way it used to develop and implement its military strategies (Kennedy 85).
It should be noted, that over the course of the world history, military superiority and power was the central element of the Umayyad states economic and social, as well as political prosperity. Whenever a state sought to establish its political or cultural dominance, fulfilling this task was impossible without an extensive set of military tools at hand. Umayyad dynasty was not an exception, and while the country had previously been known for its sophisticated approaches to military operations, Arab-Islamic contests have strengthened the states military power even more. For the history of the Umayyad dynasty, the Arab conquests have become the driving force of social change, for subsequent military failures signified the empires inability to cope with external threats. Although the major portion of the Muslim conquests came with surprising ease, and the Muslim readily expanded their political and religious dominance over the formerly territory, Arab conquests have successfully proved the states ability to rule its territories, military forces, and work to develop effective military approaches at tactical and strategic levels (Kennedy 84).
It should be pointed out, however, that although the religious system is referred to as one of the major components of the empires survival during Islamic conquests, not all scholars support the direct relationship between themes and saving the rest of provinces from collapse. Nevertheless, religion came to signify the need for better administrative and military decentralization and more effective distribution of power. Not only did the implementation of themes create a new system of administrative thinking, but it redirected the economic and social development into fresh channels. The new organization of the army guaranteed more freedom of movement, and as a result, better protection from external threats. The so-called military estates were granted for high quality military service. Under the theme system, each administrative theme was put under the jurisdiction of a governor; as a result, themes have also become an effective tool of redistributing administrative responsibility between separate administrative; in this situation, although deprived of the major part of its territorial wealth, the state was more than prepared to defending itself from the subsequent external attacks (Kennedy 101).
Although military reorganization was the most important consequence of Arab conquests, the latter have also become the indirect sources of political, economic and social transformation in the caliphate. It would be fair to say that though much reduced by the Islamic conquests, the caliphate after the eighth century was also more compact and manageable. More than that, the new lands was able to survive the force of Muslims due to the presence of the sound fiscal apparatus and a well-developed set of social policies. Historically, economy was strictly controlled, and the soundness of imperial currency was one of the beneficial features of Byzantine economic order. Severe restrictions on the export of gold, strict customs supervision, and favorable trade balance, as well as the economic and trade monopoly supplied Byzantium with extensive economic instruments which could be readily used to support the empire at times of military crises. How significant international changes and their impacts on other lands could have been, the caliphate was committed to positive economic change and used conflicts and military oppression as the source of the social and economic change.
In sum, the Umayyads brought novelty and established a new rule in caliphate in contrast to traditional religious structure of the state. In the center of the cultural diversity, the military have been the major source of cultural conglomeration; as a result, Islamic conquests brought in a new sense of cultural unification, where previously alien cultures were gradually becoming familiar for the majority. The state has slowly turned into the caliphate, where cultural diversity was the essential component of its social and political performance, and beyond native Arabs Normans shared the same land. The caliphate successfully utilized the benefits of its new territorial structure, making it more manageable and using the system of themes to decentralize administrative power and to increase the effectiveness of power distribution. Certainly, Arab conquests were violent and bloody and resulted in the loss of the substantial portion of army, but instead of recognizing its defeat, the state used Islamic conquests as the source of valuable knowledge, later used to maintain its economic and social prosperity. The caliphate was capable of restoring its strength and completely restructuring its political, economic, and social order.
Works Cited
Kennedy, H. The Prophet and the Age of the Caliphates Longman; 2 edition, 2004. Latter to Walid II .
The article in question dwells upon representation of Islam in Western media. Sairra Patel (1999) claims that Western media provide a distorted image of Islam and the role of Muslim women, which leads to Muslims marginalization and alienation. It is necessary to note that Patel (1999) uses a variety of tools of persuasion and provides her arguments in a concise and comprehensive manner. This makes the article a successful persuasive essay.
The major idea of the article is misrepresentation of Muslims. The author uses a very strong beginning to support her point. Patel (1999) illustrates the way Muslims are depicted with reference to a reputable British source where a violent act was ascribed to Muslims (though it was conducted by a group of Christians). The author also provides a number of other examples of misrepresentation of Islam or Muslims life and traditions (Patel, 1999). Real life examples are regarded as some of the most effective tools of persuasion (Brock & Green, 2005). The author supports her claim with the help of real life situations, which makes her claim plausible. Importantly, the examples are very appealing as they are associated with the most burning issues concerning Islam. Thus, when writing about misrepresentation of Islam, the author mentions violent acts during a peaceful demonstration. When writing about women, Patel (1999) mentions the right to own property or the tradition to wear hijab.
Apart from, specific examples, Patel (1999) extensively employs ethos and pathos. The author refer to reputable sources only, such as Quran, Goethe, Thomas Carlyle, BBC, Today, The Telegraph, etc. The use of ethos is another persuasion device which is very effective (Brock & Green, 2005). The author refers to reliable sources to make the reader understand that many people share her views. Admittedly, this is an effective tool as the author shows that the article is a result of a thorough research. The author appeals to the readers emotions by focusing on the most burning issues. Another successful device is a rhetoric question employed at the end of the article. The author forces the reader to answer the question and come to certain conclusions (the authors conclusions).
Finally, it is important to note that the article is written in a concise form. The form is one of the central components of effective persuasion (Brock & Green, 2005). Each argument is provided in a separate paragraph, which makes it easier to perceive. The article is also easy to follow. Each argument provided supports the major claim of the author. It is also noteworthy that each paragraph is a logical continuation of the previous one. The concise form helps the reader focus on the authors claim and the articles major idea.
On balance, it is possible to note that the article in question is an example of a successful persuasive essay where some of the most effective persuasion tools are employed. The author manages to provide strong arguments in a very concise way, which is an effective way to support her claim.
An Islamic bank may be defined as an organization with the sole responsibility of marshalling financial resources and investing them with the aim of meeting financial and social goals that are acceptable by the Islam religion. It is important to note, therefore, that the processes involved in the investment and marshalling of these resources have to conform to the Islamic Shariah law (Greuning, and Zamir, 153).
Principles of Islamic Banking
The principles of Islamic banking are based on the holy Islamic book; the Quran (Visser, 302). Muslims, therefore, believe that the inscriptions in their Qurans were the voice of God. The principles that guide Islamic banking can be simplified into four fundamental concepts. These include:
The second guiding principle for Islamic banking is based on ethical standards. It is the religious duty of Muslims to invest their cash on wholesome businesses without engaging in dubious transactions (Kettell, 184). As a result, their investments are based on comprehensive ethical considerations on the business, the products produced and services provided, the policies and strategies and the effects of the business to both the society and the surrounding at large (Wiedl, 69).
Obtaining and charging interests is strictly prohibited. Islamic banking is guided by a strict law of absolutely no interests on loans. It is believed that money is not supposed to generate profits and if this is done, only negative results would follow (Walker, 173).
Social and moral values form the basis of the third principle. The Islam religion demands that all its believers take good care of the needy in the society. For this reason, Islamic financial organizations are compelled to offer help to the destitute in the societies. This is not only done through charitable donations but also the exclusion of profits in the loans lent out to people by the banks (El, and Amr, 56).
The fourth and last principle is based on business risk and liability. This concerns the notion of fairness. The Islamic law dictates that all parties engaged in a business transaction must share in both the risks and profits of the business. A financer, according to Shariah law, is considered as a sinner and an economic parasite if he or she does not agree to share in the business risks.
Significance of Islamic Banking to UAE
It is estimated that Islamic banking has captured an overwhelming 20% of the overall banking market share in the United Arab Emirates (Kettell, 68). Since its incorporation into the UAE in 1985, the Islamic banking has played an imperative role in financing infrastructural projects, corporate expansion and aiding in the development of residential places (Mohamed, and Munawar, 121). The Sheriah compliant policies embraced by these banks have liberalized the economy of UAE and made it flexible for people from all classes (Abdul-Rahman, 34).
Comparison Of Islamic Banks And Traditional Banks
The Islamic and traditional banks have many vivid differences. For instance, the profitability of both banks is quite different ((Kazarian, 87) and (Akgunduz, 19)). While depositors in traditional banks have a fixed interest rate for the funds deposited in their accounts, depositors in Islamic banks have a chance to get a potion of the profits collected by their banks. This implies that depositors in Islamic banks earn from their banks while depositors in traditional banks do not (Mullineux, and Victor, 69).
Commercial banks are anticipated to be considerably liquid so as to govern withdrawals from their deposits ((Clark, 98) and (Hassan, 91)). On the contrary, Islamic banks have unique profit sharing techniques and investment natures that invalidate this principle. Unlike the traditional banks, Islamic banks are more focused on aiding their clients than making money (Saeed, 100).
Works Cited
Abdul-Rahman, Yahia. The Art of Islamic Banking and Finance: Tools and Techniques for Community-Based Banking. Hoboken: John Wiley & Sons, 2010. Print.
Akgunduz, Ahmet. Studies in Islamic Economics: (Islamic Banking and Development). Rotterdam: Islamitische Universiteit Rotterdam, 2009. Print.
Clark, John O. E. Dictionary of International Banking and Finance Terms. Canterbury: Financial World, 2011. Print.
El, Tiby, and Amr M. Islamic Banking: How to Manage Risk and Improve Profitability. Hoboken, N. J: Wiley, 2011. Print.
Greuning, Hennie, and Zamir Iqbal. Risk Analysis for Islamic Banks. Washington, D. C: World Bank, 2008. Print.
Hassan, M K. Handbook of Islamic Banking. Cheltenham U. A: Elgar, 2007. Print.
Kazarian, Elias G. Islamic Versus Traditional Banking: Financial Innovation in Egypt. Boulder U. A: Westview Press, 2007. Print.
Kettell, Brian. Introduction to Islamic Banking and Finance. Chichester, U. K: Wiley, 2011. Print.
Kettell, Brian. The Islamic Banking and Finance Workbook: Step-by-step Exercises to Help You Master the Fundamentals of Islamic Banking and Finance. Chichester: John Wiley, 2011. Print.
Mohamed, Ariff, and Munawar Iqbal. The Foundations of Islamic Banking: Theory, Practice and Education. Cheltenham, U.K.: Edward Elgar, 2011. Print.
Mullineux, A W, and Victor Murinde. Handbook of International Banking. Cheltenham, U.K: Edward Elgar, 2006. Print.
Saeed, Abdullah. Islamic Banking and Interest: A Study of the Prohibition of Riba and Its Contemporary Interpretation. Leiden [u.a.: Brill, 2006. Print.
Visser, H. Islamic Finance: Principles and Practice. Cheltenham, U.K: Edward Elgar, 2009. Print.
Walker, George A. International Banking Regulation: Law, Policy and Practice. London: Kluwer Law International, 2001. Print.
Wiedl, Kathrin N. The Islamic Banking System Not Conductive to the Start-Up of Young, Innovative Business Firms. Munchen: GRIN Verlag, 2007. Print.
Operations of Islamic banking are aligned in accordance with the legal code of Islam popularly known as the Shariah (Hasan and Dridi 7; Khan 806). Shariah is not limited only in the banking sector alone (Alam 125). The Shariah codes have their root origin in the Quran (Szczepanowicz 2; Kahf 2). The main principle of Islamic banking entails the prohibition of interest throughout all the transactions, business operations as well as trade activities (Haron 23). Islamic banking is strongly rooted in the Muslim countries; but other countries are opening up (Ahmad 15). Haron (25) explains the four categories of Shariah principles within which the Islamic Banking principles are encapsulated on.
These are ancillary principles, profit and loss sharing, free services as well as fees based. Within these categories, there are as many as fourteen principles applied in Islamic banking. However, in UAE only five of the principles are in practical application (Haron 25). With reference to the UAE, Hameed and Ahamed (5-7) comprehensively detail the five principles applied by Islamic banks to include participatory financing principle, principle of prohibition of usury, principle of ethical investing and moral purchasing, principle of acceptable transactions as well as the principle of certainty. With regard to the heritage of Islamic banking, the UAE which hosts the Abu Dhabi Islamic Bank that became the first of its kind to operate worldwide (Al-Tamimi and Al-Amiri 131). Al-Tamimi (1) observes that by the end of 2008, there were five Islamic banks operating in the UAE.
UAE populace is Muslim dominated; considering the rate of growth of Islamic banking and the championing of equitable reward to the factors of production in the Islamic financing system. these gains include achieving country wide and balanced economic and social development (Dhumale and Sapcanin 1; Furqani and Mulyany 59). Take for instance the facilitation of monetary arrangements for Muslims during their pilgrimage visits to Mecca and other Islamic sites at favourable cost (Rahman 1). Hasan and Dridi (7) view that the business model of Islamic banking played a significant role of cushioning against plummeting of profits during the financial recession of 2008. During the same period, most traditional banking system were unable to service strong demands for credit as well as stabilize there external rating.
Stability of the Islamic banks makes them reliable to huge and financially sensitive national projects such as residential property development, infrastructure constructions as well as corporate expansion. Thus, Islamic banks have local and national attraction, especially in Muslim states like the UAE. There are tenets underlying the Shariah such as ethics, morality and religious factor champion equality and fairness for general good; thus such disciplined approach makes Islamic banks be the trusted partners who may not misappropriate public funds. The UAE government may require a bank to handle its financial operations for the lucrative oil sells.
Traditional banks have their main aim of mobilizing financial resources from savings for the purposes of economic and social (Martan 29). While, Islamic banking is packaged to suit the Muslim world by domesticating into the banking systems the Islamic code. A stand out difference between the traditional banks and the Islamic ones is the charging of interests (Kahf and Kahn 14). Islamic banks prohibit on the receiving and payment of interest commonly known as Riba (Siddiqi 2). In commercial banks interest is treated as a price of credit in the form of forgone opportunity cost of money.
Al-Tamimi, Hussein Hassan. Factors Influencing Performance Of The UAE Islamic And Conventional National Banks. Global Journal Of Business Research. 4. 2 (2010): 1-9. SSRN. Web.
Dhumale, Rahul, and Amela Sapcanin. An Application of Islamic Banking Principles to Microfinance. 2012.
Khan, Feisal. How Islamic is Islamic Banking?Journal of Economic Behavior & Organization. 76 (2010): 805820. Science Direct. Web.
Martan, Said, A. F. Abdul-Fattah, Anwar A. H. Jabarti and H. Sofrata. Principles of Islamic financing: A Survey Islamic vis-a-vis Traditional Banking A fuzzy-set Approach. J. Res. Islamic Econ. 2. 1 (1984): 29-44. Islamic Center. Web.
Rahman, Khalid. n.d. Towards Islamic Banking: A Case Study of Pilgrims Management & Fund Board, Malaysia. Web.
Szczepanowicz, Andrzej 2010. Unconventional Banking In A Conventional Environment: Islamic Banking And Finance In The Usa. Web.
Siddiqi, Mohammad Nejatullah 2006. Islamic Banking And Finance In Theory And Practice: A Survey Of State Of The Art. Islamic Economic Studies. 13.2: 1-47. Takmili. Web.
Suleiman, Nasser. n.d. The Muslim banking world faces the challenge of expanding internationally while remaining true to Islamic principles. Web.