The Future of Shari'aDespite the premise that a state should be secular, the state is inherently influenced by religion and politics.
First, the state is unavoidably political because all state action is actually people acting in the name of the state. Second, even though secularism separaates religion and the state, a secular state would not bar religious arguments from the political arena and formulation of public policy. Thus, the question is how to negotiate the overlapping realms of politics, state, and religion while maintaining a secular state.
The tenets of constitutionalism, human rights, citizenship and a requirement of civic reason provide a framework for the debate about Islam's role in politics and the accompanying effect upon the state. These tenets are based in Islamic history. Freedom of debate and consensus, which is similar to the requirement of civic reason, allowed modern Shari`a principles to form, as some views accepted today were once considered heresy. Furthermore, the idea of inclusive debate that embraces differences and ensures rights for all people is based upon the Islamic principle of reciprocity (mu'awada), which can also be described as the Golden Rule.
Secularism and the four tenets listed above provide a peculiar ability to unite, as secularism imposes minimal moral obligations, which in turn allows diverse communities to co-exist in the same state.
Constitutionalism serves Muslims by ensuring that government adheres to the rule of law and acts in an accountable, responsive manner. Muslims can form a constitutional government to fit their specific needs, and the only immutable edict is that a constitutional government must serve the views of the people who do not actually control the state.
Advocating human rights also lines up with Muslim culture. As stated above, Muslim-majority states have begun accepting international human rights norms. But Muslims should insist upon advocating human rights in specific local contexts so that international whims do not undermine human rights' protection. These human rights can spring from international conventions, but Muslims may also base those rights in the teaching of Islam.
Advocating citizenship is merely a means to guarantee that all Muslims stand on equal ground in the move to reform. Equal citizenship for all persons concurs with the Islamic principle of reciprocity. And active citizenship promises that government officials will act with accountability and transparency, as an effective state needs the cooperation of the people, who will cooperate only if given some role in the state's governance.
Civic reason is the mediator. As discussed above, a secular state needs to be religiously neutral, but religion naturally plays a large, public role that affects the formulation of public policy. Civic reason allows for open debate where persons can present ideas based upon any number of concepts, including religion. But civic reason precludes charges of religious piety, as religion cannot serve as the sole basis for public policy. Civic reason is rooted in Islamic ideals. Early Islamic scholars gathered ideas from a wide variety of subjects, and civic reason's championing of dissent follows the historical evolvement of Islam - several prominent Islamic scholars were once considered heretics because their views conflicted with those in power at the time. Further, civic reason ensures the separation of religion and the state, which protects Muslims' right to form independent beliefs. The state should not dictate the function of civic reason. Rather, the state should merely provide a framework for inclusive, internal discourse.