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Posts Tagged ‘M. A. Muqtedar Khan

Khan: Freedom to interpret Shari‘ah

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In Khaled Abou El Fadl’s collection of essays, Islam and the Challenge of Democracy, which I reviewed here, there was one essay response in particular that I thought worth posting. That was M. A. Muqtedar Khan’s “Primacy of Political Philosophy,” as it is titled in the collection. In a slightly more primitive form than in the book (from Khan’s website), it is reproduced below.

I recommend reading the original post as well as Abou El Fadl’s essay before continuing.

Instead of saying that liberal values are at the heart of Shari’ah, and potentially leaving it up to government jurists (ulema) to decide what that means, Khan gets rid of the jurists entirely, forcing the demos to interpret Shari’ah for themselves—individually. Khan maintains that if the jurists aren’t kicked out, there will be an inevitable regression to a government where the jurists, the privileged interpreters of Shari’ah, rule. The only answer is to remove them from government.

It is tempting to read Khan’s argument as “Shari’ah is not necessary for Islam, so let’s get rid of Shari’ah and make way for democracy.” Unfortunately, Khan is careless, perhaps relying on Abou El Fadl’s prior explanation of Shari’ah. So to understand Khan’s argument, one must think of Shari’ah as unquestionably divine and perfect, notwithstanding its earthly interpretation and practice. Indeed, its earthly interpretation and practice is what Khan takes issue with, claiming that when there is a monopoly on interpretation of Shari’ah, democracy is not possible. Instead, there must be individual freedom to interpret Shari’ah. Unlike Abou El Fadl, who attempted to liberalize Shari’ah itself for the sake of assigning rights (acting all the while as a jurist), Khan encourages the liberalization of interpretation.

In the space permitted, I think that Khan makes a good case for not only (1) the necessity of individual freedom of interpretation for the success of democracy, but also (2) the Islamic precedent for individual freedom of interpretation. But it’s about time I allow Khan to speak for himself, and the reader to decide.

The Priority of Politics: A Response to “Islam and the Challenge of Democracy”
M. A. Muqtedar Khan; Boston Review; Apr./May 2003

The Tyranny of Legalism

The Islamic intellectual tradition—which includes Islamic legal thought (Usul al-fiqh and fiqh), theology (Kalam), mysticism (Tasawwuf) and philosophy (falsafa)—is one of the most developed and profound traditions of human knowledge. In the area of political philosophy, however, this intellectual heritage remains strikingly underdeveloped. Read the rest of this entry »