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    CENTER FOR

    MUSLIM CHRISTIAN UNDERSTANDING

    HISTORY AND INTERNATIONAL AFFAIRS

    Georgetown University

    Mohamed Fathi OsmanVisiting Research Professor

    Center for Muslim-Christian Understanding

    Occasional Papers Series

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    Mohamed Fathi Osman

    Fathi Osman was Visiting Research Professor at the Center for Muslim-Christian Understanding, Georgetown University, Washington, D.C.for the Spring of 1997. His teaching positions include: University of Southern California, Los Angeles, Temple University, Pennsylvania,Princeton University, New Jersey, Imam Muhammad ibn Saud University,Riyadh, Saudi Arabia, Al-Azhar in Egypt, and Oran University in Algeria.

    Dr. Osman earned his undergraduate degree in Islamic ByzantineRelations at the University of Cairo, Egypt, and his doctoral degree inIslamic Economic and Financial Institution, Princeton University, NewJersey.

    Among his publications, Dr. Osman has written: The Islamic Thoughtand Human Change, An Introduction to the Islamic History, Human rights

    between the Western Thought and the Islamic Law, On the PoliticalExperience of the Contemporary Islamic Movements, The Muslim World,Issues and Challenges, Jihad: A Legitimate Struggle for Human Rights,Muslim Women in the Family and Society, Sharia in a ContemporarySociety: Islamic Law and Change, and Concepts of the Quran: A TopicalReading of the Divine Revelation.

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    The Center for Muslim-Christian Understanding

    The Center for Muslim-Christian Understanding: History andInternational Affairs was established in 1993 by Georgetown and theFoundation pour lEntente entre Chretiens et Musulmans, Geneva, to

    promote dialogue between the two great religions. The Center focuses on thehistorical, theological, political and cultural encounter of Islam andChristianity, the Muslim world and the West. Located in the Edmund A.Walsh School of Foreign Service at Georgetown University, the Center combines teaching, research and public affairs.

    The establishment of the Center for Muslim-Christian Understandingat Georgetown flows from the role of religion in the contemporaryinternational system. Both Georgetowns Catholic-Jesuit heritage and itslocation in Washington have shaped the Universitys abiding interest in thestudy of religion and international affairs. Islam is one of the great spiritualand social forces in the world today; its influence and significance willextend and develop in the twenty-first century. Thus, the study of Islam atGeorgetown encompasses its religious content, its cultural significance androle in international affairs as well as the Christian experience in the MuslimWorld.

    The focus of the Centers activities, both national and international inscope, is achieved through teaching symposia, international conferences andextensive media coverage. Center faculty and visiting faculty offer courseson Islam and the history of Muslim-Christian relations for undergraduateand graduate students at the University. A board array of public affairsactivities and publications seek to interpret the interaction of the Muslimworld and the West for diverse communities: government, academia, themedia, religious communities, and the corporate world.

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    Pluralism in a Global Era . . . . . . . . . . . . . . . . . . . . . . . 1The Children of Adam . . . . . . . . . . . . . . . . . . . . . . . . . 6The Human Being and the Human Beings . . . . . . . . 9Human-Acquired Differences . . . . . . . . . . . . . . . . . . 12In Islamic Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Legal Implications of Human Dignity . . . . . . . . . . . . . 17Racial and Ethnic Differences . . . . . . . . . . . . . . . . . . 19Religious Differences . . . . . . . . . . . . . . . . . . . . . . . 21Difference of Opinion . . . . . . . . . . . . . . . . . . . . . . . . 24

    No Solution is Reached by Force . . . . . . . . . . . . . . . . 27In Muslim Civilization . . . . . . . . . . . . . . . . . . . . . . . . 30Within the Muslim Lands . . . . . . . . . . . . . . . . . . . . . 31Through Participation in World Knowledge And Civilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34In World Commerce . . . . . . . . . . . . . . . . . . . . . . . . . 37Towards a Muslim Contribution toContemporary Global Pluralism . . . . . . . . . . . . . . . . 39

    Shura and Democracy . . . . . . . . . . . . . . . . . . . . . . . 43Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44The Multi-party System, The Opposition . . . . . . . . . . 48The Legislative Function . . . . . . . . . . . . . . . . . . . . . 51Institutional and Public Supervision . . . . . . . . . . . . . 53Fears Unjustified . . . . . . . . . . . . . . . . . . . . . . . . . . 54Global Pluralism . . . . . . . . . . . . . . . . . . . . . . . . . . . 56Pluralism, Justice and Moral Commitment . . . . . . . . . 64

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    and obligations in the state and in the world.

    Pluralism means that minority groups can participate fully and equallywith the majority in the society, yet maintain their particular identity anddifferences. Is maintained by the state and the law, first national law andeventually international law. Pluralism originally referred only to ethnic andreligious differences, but in a democracy ideological and politicaldifferences also came to be subsumed under the same term, on the

    philosophical grounds that there in no single understanding of the truth andthus a variety of beliefs and institutions and communities should existtogether and enjoy equal legitimacy. Relations should be constructive,whatever the beliefs of a particular group may be regarding the sole anduniversal truth. The Encyclopedia Britannica includes under pluralism bothnatural-born and acquired differences. Its definition is: Autonomy enjoyed

    by disparate groups within a society- such groups as religious groups, tradeunions, professional organizations or ethnic minorities. It may be preferableto replace autonomy with the right to maintain a common identity andinterests.

    Muslims, like adherents of other religions of the world, have to livewith non-Muslims within a given country. Muslim citizens of the countrycan have their ethnic or doctrinal differences within themselves or with other Muslims in the world. Muslim unity does not require that Muslims form asingle state- even the caliphate always comprised different beliefs andethnicities. Where one lives may be dictated by geographic or economicfactors. A nation-state can be considered from the Islamic point of view asan enlarged family or an enlarged neighborhood, each with its on specialinterests that in no way detract from the universal relations of togethernessand solidarity required by Islam. Divisions into peoples and other groupswith common origin, are acknowledged in the Quran (49:13), and nothing iswrong with it so long as such divisions do not hinder universal humanrelations and cooperation, and are not abused through chauvinistic arroganceand aggression. The Quran indicated that God and his teachings should be

    put above any allegiance to a particular group or land, and so long as this principle is observed, allegiance to ones family and other human gatheringsand to ones homeland is recognized (9:24). As Muslims live in larger groups and in lands where they can prosper, they have to live with other religions and sects Moreover, contemporary globalism is creatingunavoidable interdependence among all humankind, whatever their natural-

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    born or acquired differences may be.

    For a long time consensus was regarded as important because the goalwas to achieve uniformity in beliefs and human values. Aquinas in theMiddle Ages, as Nicholas Rescher writes,

    Regarded consensus on fundamentals as a condition assured byGod: Kant in the 18 th Century, considered it as somethingrooted in the very nature of Reason; Hegel, in the 19 th century,saw it as guaranteed by the spirit of cultivation workingthrough the march of history ever enlarging its hold on humanSociety; Habermas in the 20 th century sees is as inherent in thevery nature of Communications as an indispensables social

    praxis. By contrast, many present-day writers invest socialconsensus not with confidence, but with hope.

    Rescher argues for abandoning consensus as impossible, defending pluralism in cognitive and social theory against dogmatic uniformity, andindicating that in the face of differing views, it is still appropriate to take acommitted and definite position. Pluralism should not allow people to fallinto the trap of relativistic indifferentism. He emphasizes that, if naturaland rational diversity cannot escaped, a sensibly managed social systemshould be so designed that a general harmony of constructive interaction can

    prevail despite diversity..[and] that different can be accommodate short of conflict. . This requires acquiescence in difference and respect for theautonomy of other. 1

    Given that the truth is one, one might think that reaching the truth

    would automatically produce consensus, but Rescher underlines the problemof connecting the truth to consensus by reversing the question, asking: If weachieve consensus, can we be sure concerning the truth about which theconsensus has been achieved? As he rightfully says, The appeal of aconsensus approach to truth is easy to understand. But its workability issomething else. He reaches the conclusion that consensus is thus nohighway to truth, and no substitute for an objective criteriology, although itmay be a useful epistemological instrument. Rescher calls attention to thefact that the realization of a consensus among inquiries requires

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    1 Nicholas Rescher, Pluralism: Against the Demand for Consensus (Oxford: Clarendon Press, 1993),PP.1-3.

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    extraordinarily unusual conditions - conditions of a special and particular sort which are not in general met in the difficult circumstances of animperfect world. Thus,

    The empirical basis of our factual knowledge is bound toengender a variety of cognitive positions through the variationof experience here on earth. Accordingly - Rescher emphasizes- the pluralism that a sensible empiricism engenders in the lightof such variable experiential conditions is rationally justified.The unavailability of consensus and the inescability of

    pluralism are realities of the life of reason.

    Such an inevitable cognitive pluralism should not, however, beconstrued as encouraging indifference, nor put the faith of any believer atrisk, since one can certainly combine a relativistic pluralism of possiblealternatives with a monistic position regarding ideal rationality and a firmand reasoned commitment to the standards intrinsic of ones own position. 2

    Political pluralism holds that power and authority should not be

    monopolized by a single group, order, or organization, that all citizensshould be allowed to compete legitimately or to cooperate. If pluralism isunavoidably determined in cognitive matters, it is more essential when itcomes to natural-born differences. Pluralism in religion recognizes themultiplicity of religious groups, and the rights of belief, expression,assembly, and legitimate activities for every individual, or each religiousgroup and for the group as a whole. Unless human understanding andcooperation supersede both inborn and acquired differences, holocaustsand ethnic cleansings will continue, and on a global scale will breedceaseless conflict or self-imposed isolation. Multiethnic countries mayalways face the horrors of civil war, terrorism, or secession, which cripplethe country and pressure the whole world. When pluralism becomes aconventional national and universal principle, inborn and acquireddifferences will enrich the intellectual, moral and material assets of humankind through constructive interactions from al parties.

    The divine messages from the Lord of All-Being (The Quran 1:1)can be invaluable in conducting their followers toward a universal pluralism.However, because parallel texts in the divine sources may sometimes seem

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    2 Ibid., pp. 45-46, 52, 76-78, 109

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    The Children of Adam:

    The Quran (17:70) states that God honors and confers dignity on allthe Children of Adam, whatever their inborn and acquired differences may

    be. Calling all humankind the Children of Adam is significant andmeaningful, making all human beings descendants of the same originalforebears. The Creator who created the species homo sapiens conferred onhumankind an abundance of physical, intellectual, spiritual, and moralvirtues, and enabled them to benefit from the sustenance He provided in thisworld in order to develop themselves and the world around them He has

    brought you forth from this earth, and has let you settle on it and develop it(11:16)

    The Quran mentions, among Gods favors to the Children of Adamthat He has taken them through the land and the sea (17:70), by which ismeant that the universality and movability of these creatures should not berestricted. In another place, the Quran refers to the ships that are enabled byGods command to sail on the sea which He has made subservient to human

    beings (45:12), and then refers to all other things and forces that God hasmade subservient to all humanity in the heavens and on the earth (45:13)as parallel to, and an alternative for, the ships mentioned in the previousverse, or as the means for any other benefit. It is the responsibility of theruling author all over the world, especially those who believe in the Quran,to secure human dignity and divine favor to all human beings. Their physicaland intellectual, spiritual and moral merits, their travels and contacts,whatever the means of transportation and communication may be, and the

    benefits of the good life (17:70) are provided by God and secured by hisguidance for all humanity (2:29, 45:13). In return, human beings areresponsible for developing their potential, and developing the worldresources. Through such correlated and interacting development is humancivilization generated.

    The Children of Adam (banu Adam) are mentioned in the Quranseven times: human being (insane) in the singular form 65 times:humankind (ins, bashar), 54 times, and human beings (nas) in the pluralform 239 times and directly addressed 19 times. Those who have attainedto faith or the believers are mentioned or addressed in singular or pluralforms (maaemin, muminun, man amana, alladhin amanu) in other places inthe Quran. It is obvious, then, that he Quran is concerned with humankind in

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    the essence of humanity and provide people with the essence of divineguidance. Those who are not able to believe in God can accept guidanceabout moral values and ethical behavior. Gods messages do not hold anyhuman being responsible for what is beyond his or her individual ability, butit condemns any one who admits the truth within his or her heart and mindand denies it in public out of arrogance or stubbornness, or for material or social gain: It is not you that they reject, but it is the messages of God thatthe evil-doers deliberately deny (6:33), And out of arrogance and self-exaltation they deliberately denied them [Gods message], while theyacknowledge them in their ownselves; so see what has been the end of thespreaders of corruption [27:14]. It is injustice, unrighteousness, andimmorality that Gods messages condemn, not the mere lack of conviction or the state of being innocently and sincerely unable to believe.

    One important Quranic verse about the Children of Adam mentionsthe common spiritual compass created by God within everyone, which may

    be used by each individual according to his or her given circumstances:

    And [be aware] when you Lord has brought forth from thechildren of Adam - from their loins - their offspring, and madethem witnesses of their ownselves [asking them]: Am I notyou Lord [who has created you and sustained you and is whollycaring about you]? They say, Yea; verily, we do bear witness.[This has been done] lest you should say on the Day of Resurrection: Of this we were unaware [7:172]

    Accordingly, every individual has his or her own spirituality, whichthe messages of God address and guide.

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    The Human Being and the Human Beings:

    When the Quran addresses the human being in the singular form, itcalls attention to Gods gifts and favors to the individual, such as intellectualand linguistic faculties (55:33, 96:1-5) and physical attributes useful for world development (95:4). But the Quran also stresses human limitations tosecure a balanced personality which is protected against the two extremes of arrogance and hopelessness. Among the psychological and intellectualweaknesses of the human being, the Quran mentions impatience, moodiness,instability and inconsistency (e.g., 4:28, 10:12, 11:9-10, 17:67, 83, 39:8, 49,41:49, 51,42:48, 70:19-20), unfairness and ingratitude (e.g., 14:34, 17:67,83, 22:66, 33:72, 39:8, 49, 41:51, 42:48, 43:15, 80:17, 89:15-16, 96:6-7,100:6), human fondness for argument (e.g., 16:4, 18:54, 36:77), haste (e.g.17:11, 21:37), miserliness (e.g., 17:100) and dismay (70:19). Other versesthat deal with the human being refer to his of her origin and creation,difficulties of life, and individual responsibility (e.g., 15:26, 17:13, 23:12-16, 53:38-40, 55:14, 75:36-40, 76:1-2, 82:6-8, 84:6, 86:5-10, 90:4, 96:2)

    The human being is led in the Quran to the moral values that commonsense supports, such as kindness toward to ones parents (e.g., 29:8, 31:14,46:15), and is warned against human weaknesses that can be exploited bySatan (e.g., 12:5, 17:53, 25:29, 59:16). Intellect must be utilized and notneglected. Whatever information comes to the human senses shouldstimulate thinking about what is know and what can be developed, startingfrom the food that one eats (e.g., 80:24-31), to the self with its powers andweaknesses. In all this, the Quran deals with the individual of whatever sexor ethnicity or faith or society or class or education, to establish solid groundfor communication and interaction.

    Human beings in the plural are called upon to remain forever awarethat they are all equal since they all stem from a single origin, whether theyare males or females, and whatever their nation, ethnic origin or tribe may be(e.g., 4:1, 49:13), The diversity of human societies and cultures should leadeach to recognize the other and well know one another (49:13), in order tointeract and cooperated for mutual benefit and for the well-being of humankind. In this way, diversity enriches human experience anddevelopment and becomes a sign of Gods wonderful creation and grace(30:22), not a barrier or a cause a conflict. The Quran repeatedly callsattention to the universe, to all of humankind and other kinds of life, in order

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    to know the real place of the human being in the cosmos and avoid the fatalerror of individual or communal egocentrism: Assuredly the creation of theheavens and the earth is greater [matter] than the creation of human beings,

    but most human beings do not know (40:57). Other planets may be populated by living creatures, and an encounter between them andhumankind cannot be excluded: And among His signs is the creation of theheavens and the earth, and whatever living creatures He has dispersedthrough them; and He is able to gather them together when He wills(42:29).

    Human beings as a whole must learn to cooperate in developingthemselves and developing the world around them [11:16], benefiting fromthe universal resources created for them all by God (2:29, 45:13). The earthand the sea provide food and transportation for humankind withoutdiscrimination, and no human barriers to them should be raised (e.g., 2:164,168, 10:22, 14:32, 16:14-16, 17:70, 25:53, 35:12, 45:12-13). As mentioned

    before, human beings are urged to think about themselves, about life andliving creatures, about the universe, and about all creation they may comeacross. This thinking may lead them in the end to ask themselves if suchlaws and order and harmony in all creation can be brought out or maintainedwithout a creator. No belief can be imposed on any human being (2:256), butit is a human responsibility to think, and it is up to all to reach whatever conclusion comes to them so long as it is honestly reached. Only moralitymatters, and morality is human and universal.

    Just as the Quran enlightens the individual about his psychologicaland intellectual limitations, so it enlightens human beings as a whole abouttheir social limitations. The majority may not necessarily be right and maymake mistakes (e.g., 2:243, 5:49, 7:187, 10:60, 92, 11:17, 12:38, 68, 103,13:1, 16:38, 25:50, 30:6, 8, 30, 34:28, 36, 40:57, 59, 61, 45:26), as a resultof mass psychology or pressures or temptations or intimidations deliveredfrom above. The individual is urged to be critical, to look for common errors(34:46), since responsibility is individual in this life and in the life to come(6:94, 164, 17:15, 19:80, 95, 35:18, 39:7, 53:38-41). However, the fallibilityof the majority cannot in any way be used as an excuse for autocracy or authoritarianism, since the majority can correct itself more easily than theindividual can, and decisions about common matters should be reachedcollectively (3:159, 42:38). Even spouses have to run the famly throughmutual consultation and consent (2:233). Moral and intellectual safeguards

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    have to be followed in discussion, and any decision should be revised assoon as it has been proven wrong.

    The Quran, then, provides the common ground for humancommunication and cooperation. It addresses in general the human being asan individual and collective, raises common human concerns, while it tellsMuslims in particular what they must believe and practice. Thus, Islamdevelops its particularity within a broader base of plurality, whether in agiven country among Muslims as a whole.

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    Human-Acquired Differences:

    Since some acquired particularities in human societies result fromadopting certain beliefs or views, humankind shows differences that, if theyare allowed to grow, are as serious and dangerous a source of conflict asinborn differences.

    The Quran indicated the limitations of individual and collectives,showing that consensus on detailed matters is impossible, and differentviews will always exist among individuals and groups and are inevitable.

    And had your Lord so willed, He could surely have made thewhole mankind one single community, but He willed itotherwise, and so they continue to differ, [and differences may

    become serious] save among those on whom your Lord has bestowed His grace [when they follow His guidance abouthandling their differences]; and for this [test in meeting their differences], He has created them [in this way] (11:118-119).

    Gods grace lies not in the abolition to difference in beliefs and views,nor in changing human nature which He himself has created, but in showinghuman beings how to handle their differences intellectually and morally and

    behaviorally. Any particular community of believers can have within itself differences (e.g., 11:110, 41:45), and the Muslim are no exception, so theyare shown how to handle their differences (e.g., 3:103-105, 4:59).Differences among the followers of the various messages of God exist;

    people agree only about worshipping One God:

    For each we have appointed a law and a way of life. Had Godso willed, He could surely have made you one singlecommunity, but [his plan is] to test you in what He has givenyou. Vie, then, with one another in good deeds. Unto God youwill all return, and He will then make truly understand all thaton which you were wont to differ. (5:48)

    Humankind has it common spirituality and morality (7:172, 91:7-10).The Quran define the good as what is know by common sense (al-maruf)and evil as what is rejected by common sense (al-munkar) (e.g., 3:104,110, 114, 7:157, 9:71, 112, 22:41, 31:17). No belief nor view should be

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    imposed by force: There shall be no coercion in matters of faith (2:225),And had your Lord so willed, all those who live on earth would surely haveattained to faith altogether; would you force people against their will to

    believe? (10:99, see also 11:28)

    People, then, have to handle their differences in this world in the bestway they can, leaving the final judgment of what is absolutely right or wrong to God, since there is no way to reach consensus on the truth, as it has

    been repeatedly emphasized in the Quran (e.g., 2:113, 3:55, 5:48, 6:164,10:93, 16:92, 124, 22:69, 32:25, 39:3, 46, 45:17). However, in spite of thisrepeated emphasis, there are always those who like to play God!

    Human beings can always discuss their differences in a reasonableway, and still acknowledge their pluralism. In mundane matters, they cansettle their differences by reaching a majority for a certain view, but inmatters of religion, freedom of faith has to be secured for every human

    being. An inter-faith dialogue can be conducted to reach a better understanding of the other avoiding any hurt or unfair imposition of belief.The Quran teaches that such a dialogue has to be conducted in the mostconstructive way methodologically and morally (16:125, 29:46). No partyshould conduct its argument on the premise that it is the only one thatrepresents the whole truth:

    And it is that either we or you are on the right path or haveclearly gone astray. Say: Neither shall you be called to accountfor whatever misdeed we may have committed, nor shall we

    be called for account for whatever you are doing. Say: Our Lord will bring us all together, then He will lay open the truth

    between us in justice (34:24-26).

    Whenever the essential requirements for a fruitful discussion are notmet, no dialogue should take place because it can hurt rather than benefit(29:46). Good relations have to be maintained in any case, whether anexchange of views can take place or not. A true believer in God has to avoidthe temptation of meeting one wrong with another, since two wrongs do notmake a right (e.g., 23:3, 96, 25L72, 28:55, 41:34). Forgiveness andgraciousness are repeatedly stressed in the Quran (e.g., 2;178,, 237, 3:134,159, 4:149, 5:13, 24:22, 7:119, 64:14). Besides, cooperation in what is rightand beneficial for all is the best way for building up mutual understanding

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    In Islamic Law:

    The general conceptual and moral principles in Islam are regulatedand sanctioned by the Islamic Law (Sharia). Sharia is widely identifiedwith the religion of Islam even with its very essence, probably because manycontemporary Islamic activists concentrate their efforts on establishingIslamic states governed by Sharia. In presenting their case, they may notsufficiently clarify the general conceptual and moral principles of Islam asthe essential foundation for Sharia.

    They may also not make a clear distinction between the various levelsof Sharia requirements - between acts that are obligatory or encouraged, onone side, and acts that are prohibited or discouraged, on the other. Variouslevels of human requirements within what Sharia in its totality calls for or turns from have been figured out by the jurists who have characterized thesethree: essential, the need and the refinements or complementary. Suchlevels in Islamic law help to determine priorities in particular circumstances.Such ranging must be kept in mind when one considers any rule of theSharia in detail. Sharia laws are meant to prevent harm and remove

    burdens and sufferings (e.g., 5:6, 22:78), not to cause or add to them. AllIslamic law have to be implemented within the abilities of individuals andsociety, as is repeatedly stressed in the Quran (e.g., 2:233, 286, 6:152, 7:42,23:62, 65:7). If necessary, a prohibition can even be temporarily suspended,so as to alleviate unbearable hardship (e.g., 2:173, 5:8, 6:119, 145, 16:115).

    Securing public interest (maslaha), of which no specific rule isindicated in the divine sources of Sharia but can be subsumed in its generalgoals and principle, provide important grounds for new laws that meet theever-changing circumstances as a practice of ijtihad, since responding tonew requirements that arise fulfills the justice and good-doing which are

    both commanded by God (16:90), as well as any particular goal of Shariathat may be drawn from the Quran and the Prophets traditions (Sunna). Anyorganizational or legal experience can be adopted to an incorporated into the

    body of Islamic law to meet any new circumstance for which no particular rule can be found in the Quran and Sunna, so long as it does not contradictthe principles of the Quran and Sunna and the goals of the Sharia. Atradition of the Prophet states: A believer has to search for wisdom,wherever the believer finds it he [or she] is the most deserving of it(reported by Tirmidhi). Early Muslims benefited from the Byzantine and

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    Persian administrative and financial precedents in their new universal stateand as well as from Greek logic, and available science, mathematics,architecture, and arts in developing their civilization. Muslims could onlymake their own contribution to civilization after they had absorbed theaccumulated contributions of others.

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    Legal Implications of Equal Human Dignity:

    Since God conferred honor and dignity on all the Children of Adam(17:70) whatever their differences may be, Islamic law, in its sources in theQuran and Sunna as well as its juristic interpretations and contributions, hasregulated the details of the various dimensions of this honor and dignity.Muslims have to guarantee freedom of faith and opinion for all peopleThere shall be no coercion in matters of faith (2:256), and freedom of expressions: and let no harm be done in any way to one who writes or witnesses; and if you do such a harm, it is an evil-doing committed by you.So remain conscious of God; He is reaching you and He has full knowledgeof everything (2:282). On the other had, everyone has the obligation toexpress and not hide what he or she knows to be right and believers in(2:283). The rights of both temporary gathering and permanent organization,whether religious, ethnic, or political, are secured as long as their goals andactivities are legitimate and they cooperate in furthering virtue andrighteousness, not in furthering evil and violation of others rights (5:2). Itis the responsibility of all believers in God as individuals and groups toenjoin the doing of what is right and to forbid the doing of what is wrong(e.g., 3:104, 114) 3

    The sanctity of the human body and personality and the privacy of

    ones home and property and protected equally for all, whatever their differences may be. The early agreements and practices of Muslim rulerstoward their non-Muslims subjects in the caliphate secured personal and

    property as well as religious practice, including processions with religioussymbols and celebrations of festivals (for which many examples can befound in early sources such as, al-Baladhur [d. 892] and al-Tabari [d.922]).Some later Muslim rulers even participated in the celebration of the non-Muslim festivals in regions such as Egypt.

    Human dignity is guaranteed for men and women, adults and children.Both males and females have equal rights to education, and it is the womensright to choose the fields which is convenient for her; it cannot be imposedon her. Her rights and obligations in the family are perfectly in balance, justas are the balance in the rights and obligations of men. Men have theresponsibility mainly for supporting the families for they are fee form the

    17

    3 See Fathi Osman, Muslim Women in the Family Society (Los Angeles: Islamic Center for SouthernCalifornia, 1992)

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    restrictions of pregnancy and delivery and caring for babies, which keepwomen at home for some time, but women have the right to pursue their education and have a career whenever it is convenient and desirable for themto do so. Family affairs must be run by mutual consultation and (2:233). Awoman can lead prayers and can become a judge; she may rule against men,even those who are at the top of society or the state. Men and women areequal partners in the rights of responsibilities in society including politics. 4 The Quran explicitly states that in a Muslim society both males and femalesare in chare of [or responsible for] one another, enjoying the doing of what isright and forbidding the doing of what is wrong (9:71).

    18

    Pluralism thus begins with a normal society of equal men and women,and the image of a Muslim society as male dominated is the result of socialtraditions that develop in a particular in a given time and place, and not of the rules of Islam as laid down in the Quran and Sunna. Children, whether

    boys or girls, have the same right to be raised and cared for physically,morally, and intellectually, and the family, the society, and the state areresponsible for securing and defending those childrens rights. Human rightsare secured for non-Muslim women equally with Muslims, since all are theChildren of Adam. According to the Islamic principle governing non-Muslims in an Islamic state, they have the rights and the obligations that theMuslims have. The dignity and rights and responsibilities of the Children of Adam should be decided and protected in all the dimensions that areindicated explicitly or implicitly in the Quran and Sunna or that can bedrawn from the general goals and principles of Sharia or from itsintellectual mechanisms of analogy, preference, consideration of socialinterest, and adaptation of experience according to jurisprudentialrequirements. The human mind has a constructive role in developing Islamiclaw, not only in textual interpretation but also in producing new laws thatfulfill the goals and principles of Sharia and secure human dignity andrights for all the Children of Adam through ever-changing circumstancesmay be. 5

    4 This rule is mentioned widely in juristic works, and the prominent Hanafi jurist al-Kasani (d. 1190) mentioned, in hisvoluminous work al-Badaic, a tradition of the Prophet stating that as soon as dhimmis agree to become under theMuslim promise of protection dhimma they had to be informed that they would have the rights and obligations of Muslims. (Cairo: 1327-8H., vol. 7p. 100). However, such a tradition cannot be reached in the well know collections of the Prophets traditions, but its meaning is accepted by jurists. It was reported that Caliph Ali ibn Talib said They --the dhimmis-agreed to the Muslim promise of protection in order that their possessions would be treated equally asMuslims possessions, and their lives would be the same as Muslims lives. Another prominent Hanafi jurist, al-Sarakhsi (d.ca. 1097), stated that the purpose of dhimmis agreement with the Muslims is to make their possessions andrights equal to those of Muslims ( Sharh al-Siyar al-Kabir , Hyderabad, India: 1335H., vol. 3 p. 250). Also see Zaydan,Abdul-Karim, Ahkam al-Dhimmiyyin wa al-Must ? Beirut: n.d., P. 61-62) 5 See Fathi Osman, Shari a in a Contemporary Society (Los Angeles, Calif.: Multi-Media Vera

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    Racial and Ethnic Differences:

    The Quran states that racial and ethnic pluralism must be recognized,and its various components have to know each other well (30:22, 49:13), to

    pave the way for a constructive exchange of views and experiences and tocooperate in their efforts to develop humankind and the world in which theylive together. There is no restriction on inter-marriage, whether betweenraces, ethnicities, or social rank. Even marriage to a slave could beapproved, and even encouraged, in certain cases (Quran 2:22, 4:25), ateaching that can lead to continuous improvement in the slaves situation and

    probably to the gradual diminution of slavery. According to the Quran,especially the verse 4:25, there should be no sexual relations with a slavemale or female out of wedlock, although in practice it was accepted,

    probably under the influence of sociocultural circumstance, but not by anexplicit indication of the Quran.

    The non-Arab peoples who were ruled by the Arabs were calledmawali, an Arabic word which came to have the pejorative meaning of inferiority because the Umayyads excessive feeling of Arabs ethnicsuperiority. In its origin the Arabic world mawla(sg), mawali (pl) couldmean a slave and an ally both before and after Islam. The second CaliphUmar arranged alliances or affiliations between each Arab tribe that

    participated in the conquests and a group in the conquered lands, so that theformer would feel responsible for the latter and care for them; 6 a form of tribal administration that the caliph could provide at the early stage of theIslamic universal state. Under the Abbasids, first the Persians, then the Turks

    became the ruling groups without public or juristic objection. Ibn Khaldun[d.1406], the outstanding historian and social philosopher, merely pointedout that any social group, whatever its ethnic origin, can rule if it issufficiently numerous and powerful. Successive dynasties of rulers from theArab tribe Quraysh, or from other tribes or ethnicities in Muslim history, he

    pointed out, had gained their positions owing to this power, which he calledasabiyya. 7

    The Islamic requirements for being a leader in the state are

    19

    International, 1995).6 Al-Baladuri Abu al-Hassan Ahmad ibn Yahya ibn Jabir, Futuh al-Baldan (Cairo: al-Maktaba al-Tijariyya,1959), p.444.7 Ibn Khaldun, Abd al-Rahman ibn-Muhammad, al-Muqaddima (Beirut: Bar al-Qalam, 1978), pp.131-135.

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    knowledge, morality, and ability, whoever the person may be. Even a slavecan be a judge if he fulfills the requirements for the position according tosome juristic opinion. 8 Islam recognizes the special relationship of theindividual to the homeland as long as it does not lead to an excessive senseof superiority (Quran 9:24). The Quran says that the earth in its totality iscreated for all people who can move through it freely (e.g., 2:22, 273, 4:94,97, 99-101, 17:70, 29:36, 67:15). Human feelings towards a certain land andits people are legitimate as representing a wider neighborhood and anextended family. Muslims have always been accustomed to relatethemselves to a certain region or city, and some works in the Muslimheritage about the merits, (fadail) of places, personsetc. were compiledabout a region or city. Territorial distinctiveness on religious grounds,however, is limited to sites where certain houses of worship wereestablished, as the Inviolable House of Worship in Mecca and the House of Worship in Jerusalem (3:96-97, 17:1, 27:91).

    20

    8 Ibn Hazam, Abd Muhammad Ali, al-Muhalla , ed. Muhammad Khalil al Harras, (Cairo: al-Iman Press,n.d.), vol. 9 p.525

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    Religious Differences:

    Non-Muslims in an Islamic state have to be treated by Muslims andtheir authorities with goodness and justice (60:8). Their human dignity andrights as Children of Adam should be secured, and they are protected bythe Islamic law and state authorities. The document issued by the ProphetMuhammad upon his arrival at Medina, where he became the head of theearliest Islamic state in history after his migration from Mecca, indicated themain components of social structure in that city-state. In addition to theimmigrants from Mecca (al-muhajirun) and the supporting tribes of Medina(al-ansar) the Jews are mentioned as a community that has an identitydistant from others. The Jews are shared with the Muslim Medinese

    people the responsibility of defending the new city-state. If the relationship between the Muslims and the Jews in Medina deteriorated for whatever reason, regardless of who was responsible for that deterioration, the

    principle of pluralism would remain morally and legally valid.

    The permanent non-Muslim population of the Islamic state werecalled dhimmis, an Arabic word which means that they were promised

    protection in all their rights by the Muslim society and the state authorities.The Quran repeatedly stresses that human differences in faith should by nomeans cause a conflict; it is only transgression and belligerence that justifiesa legitimate self-defense (e.g., 2:190, 60:9). Dhimmis, as previouslyemphasized have in general the same rights and obligations as Muslims [seenote no. 4].

    Non-Muslims who are temporary residents in an Islamic state alsohave their dignity and security guarded by Sharia and the state authorities.Since their request for security while they live among Muslims and under their authorities is the reason for their being temporary residents, they arecalled by Muslim jurists mustaminun, an Arabic word which meansapplicant for security.

    An agreement of mutual security between the Muslims and others intheir countries throughout the world has to be assumed if it does notformally exist. It should be based on goodness and justice. A dialogue for a

    better understanding can be conducted, but when such a dialogue cannot befair or constructive, it is better to leave it and avoid confrontation (29:46).The Quran says to Muhammad:

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    and say: I believe in whatever book God has sent down, and Iam commanded to be just in dealing with you. God is our Lordas well as your Lord. To us, shall be accounted our deeds and toyou your deeds. Let there be no contention between us and you.God will bring us all together and with Him is all journeys end(42:15)

    Historical sources (e.g., al-Baladhuri and al Tabari) indicated that non-Muslims paid a head tax (jizya) to the Muslim authorities in return for military protection, as they did not participate in defense, if they did thentheir jizya was dropped. 9 The second Caliph Umar agreed that a Christiantribe, Banu Taghlib would substitute the payment of jizya which theyconsidered a sign of inferiority and subjection with the payment charity duessadaqa in a certain way, while sadaqqa is term for the social welfare dues

    paid by Muslims. 10 Any non-Muslim who lives in an Islamic state and becomes in need receives whatever is required from zakat funds. 11 TheMuslim leader Khalid ibn al-Walid indicated in his agreement with the

    people of Hira, who were mainly non-Muslim at the time, that anyone who become old or seriously ill and was thus unable to work, or lost his wealth,was exempted from the payment of jizya, and he and his family would besupported, by the state treasury. 12 Non-Muslims should benefit from theeconomic, developmental, educational, sanitary, social, police and other stateservices equally with Muslims.

    The testimony of a non-Muslim is accepted by the Quran as equal tothat of a Muslim before the law. (5:106). The life of a non-Muslim has thesame sanctity and protection that a Muslim one has. Once when a Mongalleader took both Muslims and non-Muslims captive in battle, he offered torelease the Muslims only. The prominent jurist Ibn Taymiyya [d. 1327] wasconsulted, and he found that offer unacceptable, he ruled that Muslims hadto right until both the Muslim and non-Muslim prisoners or war werereleased, since the non-Muslims lived under Muslim protection. 13

    22

    9 Al-Baladhuri, Futugh al-Baldan , pp. 162, 164; al-Tabari, Tarikh al-Uman wa al-Muluk (Cairo: alHusayniyya Press, n.d.), vol. 4 p. 165.10 Ibid., pp. 185-8611 Abu Yusef, Yaqub ibn Ibrahim, al-Kharaj (Cairo: al-Salfiyya Press, 1397 H), p. 136.12 Ibid., pp. 155-5613 Al-Azm, Rafiq, Ashhar Mashahir al-Islam (Cairo: Dar al-Fikr al-Arabi, 1972-73), 1: 204-205, quotingIbn Taymiyya, in al-Risala al-Qubrusiyya.

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    The Islamic state employs non-Muslims, and any non-Muslim citizencan be an executive minister (wazir tanfidh) of the state, according to al-Mawardi [d.1057]; 14 and historically this actually happened several times.

    Muslim jurists, however, did not share the view against anydiscrimination in the Islamic state or in Muslims dealings with others in theworld. They sometimes reflected a certain feeling of superiority knownamong various political powers in the Middle Ages, When they enjoyedmaterial and cultural prominence in the world, the Muslim jurist understoodand interpreted the legal sources form a center of power. Even they,however, seem more moderate and reasonable in many cases than their Roman predecessors or other thinkers in contemporary or later times.

    As Muslims power declined, later jurists had become captives to theattitudes of their predecessors, since they had closed the door on any newintellectual contribution to the legal field (ijtihad), and were content merelyto follow juristic precedent (taqlid). The glories of the past tempt the Muslim

    juristic mind from keeping up with change. Still, to their credit, theyundoubtedly have always recognized pluralism in the Islamic state and in theworld, and they have always secured and sanctioned in one way or another the rights of others, although they might not always seem ready to accepttheir full equality with themselves. The Quranic perspective, as well as manytraditions of the Prophet, can well accommodate the recognition in thecontemporary world of pluralism. The permanent goals and principles of Sharia should certainly prevail over the human juristic views influenced bythe historical circumstances of time and place.

    Justice, genuine understanding, and recognition of other ethnicitiesand religions and constructive cooperation with them have to go beyond the

    borders of the Islamic state and become characteristic of its global relations.Muslims should know the others well, and do their best to develop mutualunderstanding and full and fair cooperation for the betterment of humankindand the world.

    23

    14 Al-Mawardi, Abu al-Hassan, Ali ibn Muhammad, al-Akham al-Sultaniyya (Cairo: Maktabat Mustafa al-Babi al-Halabi, 1973), p.27.

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    Difference of Opinion:

    The Quran requires a general discussion and exchanged of views andserious consultation (Shura) about public concerns before a decision can bereached (3:159, 42:38). Difference of opinion, even dispute is expected(4:59). Muslims have to argue in the best way (16;125), logically andethically, and their terms of reference should be the values and principles of the Quran and Sunna. Mutual consultation and consent between the spousesshould govern family affairs (2:233), in order to develop culture andtradition in the whole society. Children have always to be advised andtrained by their parents to express their views about what is right that should

    be followed and what is wrong that should be opposed (31:17). Anexpression of opinion is a moral and sometimes legal duty, not only a right(e.g., 2:283, 3:110). In such a climate of free opinion and expression,differences are inevitable, but they have to be handled conceptually andethically, and not ignored or suppressed. In the end, a decision should bereached and carried out collectively and firmly (3:159).

    Early Muslims had their differences even during the life of the prophet, and every view was fairly heard. When the Prophet died, a publicmeeting was held to discuss who should succeed him as the state leader.Differences emerged in that meeting, not only among individuals, but amonggroups of people, such as the Meccan immigrants (al-muhajirun), theMedinese supporters (al-ansar) and some of the Prophets family and their loyal followers. Each group tried to see that the new leader of the state camefrom among themselves. This is the earliest reference to the emergence of

    political groups or parties in the history of Islam, although not all these particular factions continued to exist. The Quran indicated that the duty of inviting people to what is good, enjoying the doing of what is right, andforbidding the doing of what is wrong can be practiced by a group (3:104).The right of temporary and permanent association and assembly is essentialto make every view heard and to enable it to compete with other views andsurvive.

    The early caliphs faced opposition of various kinds, from individualsand groups, spontaneous and organized, peaceful and militant. The firstcaliph Abu Bakr aroused opposition when he decided to use force against thetribes who refused to pay the social welfare dues zakat after the death of the

    prophet. He saw this as an act of defiance toward the central authority which

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    could not be tolerated, in contract to Umar ibn al-Khattab, the Companionof the Prophet, who when he became caliph and his suggestions wereopposed by some Companions had to defend himself through shura beforegatherings of prominent Companions and even the public. His idea of introducing a land tax (kharaj), for instance, was strongly opposed sincemany through that the zakat ought to be the only tax collected by the Islamicauthorities. The Caliph had to defend his case in front of and convince ten

    prominent arbiters. 15 His successor, Caliph Uthman, met opposition fromeminent Companions of the Prophet, such as Abd-Allah ibn Masud, whenhe decided that one verified master version of the Quran had to be used byall Muslims, so that oral or written errors could be avoided.

    All this opposition that the early Caliphs met was recorded, and noeffort was made either by the authorities or by the historians to suppress it,even though it became violent, as for example the argument that ended withthe murder of Caliph Uthman.

    Uthmans successor, the Prophets cousin, Caliph Ali ibn Abi Talib,met violent opposition on several fronts. When he was pressured by many of his supporters to accept arbitration between himself and the defiantMuawiya ibn Abi Sufyan, the governor of Syria, some other supporters splitand rebelled against him. They gathered in the mosque where the caliph wasspeaking, and interrupted him by shouting: There is no ruling except Godsruling. The Caliph responded that what they said was right, but they wereusing their words for a wrong purpose. However, their opposition would notdeprive them of their rights. The mosques would be always open to their gathering whatever opposition they might express, and the Caliph wouldnever initiate the use of force against them. Their rights to the publicrevenues would always be against them. Their rights to the public revenueswould always be maintained for them as long as hey fulfilled their publicobligations. 16 This is a pioneering statement of the oppositions rights in theIslamic state. Ironically, violent rebels (khawarij) dominated and one of those whose rights of peaceful opposition the caliph had secured killed himon his way to the mosque!

    However essential the principle of shura is in Islamic public law, theearly Arab Muslims with their tribal structure and their sociocultural

    25

    15 Abu Yusuf, al-Kharaj , pp. 26-2816 Al-Mawardi, al-Ahkam al-Sultaniyya , p. 58.

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    experiences, were unable to develop a mechanism to maintain itsenforcement through certain institutions. It was left to the good faith of theruler, and the vigilance and initiative, and courage of the ruled. Lacking thefirm foundation of an institution, openly expressing views against theoppressive rulers could be risky. Individuals could lose even their livesagainst the ruling power, and violence could develop into chaos with lasting

    physical and moral wounds on all sides. Thus, after a short life of the shurain Medina under the early caliphs, hereditary dynasties were established bythe Umayyads and the Abbasids, as well as by the autonomous or secessionist dynasties that split off from the caliphate. The areas left for differences of opinions were in theology and jurisprudence, since opinionsthere could be expressed peacefully and among limited audiences, mainlystudents. The theological views that could generate militancy were those of the Shia, believers in the right of the descendants of Caliph Ali to rulethrough their successive generations and the followers of the rebels againstthat caliph who opposed the established power (Khawarij). Many Shia

    became passive after several defeats, especially after the disappearance of their Twelfth Imam, the Khawarij faction did not survive. The rights of having and expressing a different opinion and the right of association tosupport it were almost forgotten, until they were revitalized in modern times

    by thinkers such as Jamal al-Din al-Afghani [d.1897] and MuhammadAbduh [d.1905]. It was nonetheless a principle essential for maintaining

    pluralism in all avenues of human life. Unless differences of opinion aregiven equal chances of expression and are allowed to gather support througha legitimate mechanism and well-organized institution, how can their merits

    be fairly weighed and decided?

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    Criticism of human concepts or opinions must be objective and accurate, andcriticism human behavior should be within legal and ethical limits; thusslander is prohibited and punished by Islamic Law (Quran 24: 4, 11-21).

    Non-Muslims should not be discriminated against or pressured just becausesome wrongdoing is allegedly attributed to some of them. This was stressedin two events in Cyprus and Mount Lebanon by distinguished juristsincluding Malik ibn Anas [d. 795]. Al-AwzaI [d. 774], another prominent

    jurist, told the Abbasid governor in a long letter, These dhimmis are notslaves but free people protected by the Muslim authorities. 19

    As for Muslim relations with others in the word, peace has to be

    maintained [2:208], and constructive exchange of experiences andcooperation ought to be developed for the benefit of all humankind. TheQuran urges Muslims always to observe peace, even if deception is feared(8:61-62). Ethnic and religious differences enrich human knowledge andexperience, and the cooperation of various people improve their outcome in

    both quantity and quality.

    The use of force is only allowed to counter aggression and violence(2:190-194, 3:75, 22:39-40). Aggression should be repelled by Muslims, if itis committed against monasteries, churches, synagogues, and mosques, inall of which Gods name is abundantly extolled (22:40). Muslim shouldcondemn and repel the aggression and violence committed by Muslimsthemselves until they revert to justice (49:9).

    In addition, it is the moral and legal responsibility of Muslims tocooperate with all humankind is securing peace and justice. The Prophet

    praised a tribal alliance that had been made before Islam to defend anyonewho suffered injustice, and said that whenever he might be invited, after his

    prophet hood, to enter into a sincere alliance for such a purpose, he wouldagree to join it. The whole world except areas that initiate fighting againstthe Muslims is juristically assumed to be explicitly or implicitly a land of concord. 20 The secession of Muslim land from the Islamic caliphate toenjoy autonomy is accepted by some jurists when certain geographic or

    political-military circumstances make such a split inevitable, although a

    28

    19 Al-Baladhuri, Futuh al-Buldan, pp. 159-62; 166-67; Ibn Sallam, Abu Ubayd al-Qasim, al-Amwal , HarrasMuhammad Khalil ed. (Cairo: Dar al-Fikr, 1975), pp. 221-228.20 For an elaboration on the legitimate use of force in Islam, see Fathi Osman, Jihad: A Legitimate Struggle

    for Human Rights (Los Angeles, Calif.: The Islamic Center of Southern California, 1991).

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    universal unity has always been the ideal. 21 Practically speaking there werefor sometime three contemporary Islamic caliphates: the Abbasid withBaghdad as its capital, the Fatimid with Cairo as is capital, and the Umayyadin Muslim Spain (al-Andalus) with Cordova as its capital.

    29

    21 Al-Baghdadi, Abd al-Qahir ibn Tahir, Usul al-Din ; al-Juwayni, Abd al-Malik ibn Abd Allah (Imam al-Haramayn), Ghiyath al-Umam , texts selected by Yusuf Ibish in Nusus al-Fikr al-Siyasi al-Islami (Beirut:Dar al-Tala, 1966), pp. 128, 279.

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    In Muslim Civilization:

    Islamic civilization has reflected in its history the pluralismemphasized in the message of Islam and its laws. The society in any Muslimcountry consisted of Muslims and non-Muslims belonging to various ethnicgroups. Muslims had their theological and juristic differences, and non-Muslims had their theological and religious and sects. The Islamic caliphaterepresented a universal state, its cities varied in patterns from Greco-Romanon the Mediterranean, to Arabian in Mecca and Sana, to Babylonian in Iraqand Persia, to that of the eastern Muslim lands. 22

    30

    22 Adam Mez, The Renaissance of Islam, trans. Salhuddin Khuda Bukhsh and D.S. Megalith (London:Luzac & Co., 1937), p. 412

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    Within the Muslim Lands:

    As Grunebaum has stated,

    The social order of the Islamic world accommodated Muslims as wellas non-Muslims. Both groups lived under the same basic conditions,and the eagerness to assert rank and power affected the Jew and theChristian as it did the Muslim. It would seem that outside the capital,the religious groups lived fairly apart, except for their cooperation inofficial business. The mores, and even the personal law of thereligious communities, differed to a considerable extent, but thefundamental social values were held in common. 23

    Magians also gained the status of dhimmis, as did Christians and

    Jews, and later Hindus. Sabians were protected and treated equally. Each of the three first communities had their own communal leader who was calledthe king among the Jews and the Magians and his position was hereditary.The Christian patriarch, was merely as the Jacobite patriarch once stated Aspiritual leader. These leaders represented their communities before theauthorities. The Nestorian Catholics was elected by the church, but hiselection was confirmed by the Abbasid caliph who issued an investiture for his position, the same as it was done with the Jacobite patriarch. The Jewishleader in Baghdad has a title of Aramaic origin, Resh Galutha, prince of captivity of exilic. When he went to the caliphs palace, he walked in a

    procession, at the head of which a herald called out: Make way before our lord the son of David. Under the Fatimids, the Jewish leader in Cairo wascalled the prince of princes.

    Non-Muslims in the Muslim lands practiced their professions and economicactivities freely. They were money changers, businessmen, landlords and

    physicians. Most money changers and dealers in Syria were Jewish, whilemost physicians and clerks were Christian. Other Jewish earned their livingas tailors, dyers, shoemakers and other craftsmen. The Christian leader inBaghdad was the caliphs physician, and many Jews held positions in his

    palace. The Fatimid Caliph al-Aziz had a Christian minister and appointed aJew as a governor of Syria. That important financial, clerical and

    professional positions in the cities were held by Christians and Jewssometimes led to Muslims jealousy and sometimes to mass protests.

    31

    23 Gustave von Grunebaum, Medieval Islam (Chicago: University of Chicago Press, 1946), p. 173

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    Non-Muslims enjoyed freedom of religious practices, and somecaliphs might attend their precessions and festivals; as the Muslim peoplealso often did. Public hospitals treated all who were sick equally. Non-Muslims did not have to live in special areas, although each communitytended voluntarily to do so. They had their religious courts organized bytheir leaders, although they could always go to the Muslim judges if they

    preferred. 24

    This social pluralism in the Muslim lands did not mean that tension

    and troubles between Muslims and non-Muslims did not break out form timeto time. Muslims who became jealous of a non-Muslims wealth or influencemight cause trouble, as happens in multi-ethnic or multi-religious societiesto this day. Muslim authorities could impose restrictions to appease Muslimsor for other reasons. As Grunebaum wrote, Individual rulers might harm thecommunities or some prominent members this happened regularly after a

    period of conspicuous prosperity and political ascendancy but the Muslimsthemselves were equally exposed to the arbitrary and unrestrained power of the monarch. In spite if occasional social tension or official pressure, non-Muslims nevertheless as Grunebaum has also pointed out obtained in everyday life conditions of laissez faire. There was in the East during theMiddle Ages less persecution of nonconformists than in the West, wherewith the exception of the Jews, sizable religious minorities were as good asnonexistent. The conclusion he reached was that minorities in the world of Islam bought their safety at the price of having more or less the status of noinfluence on taxation nor on foreign policy of the sovereign body to whichthey belonged. Within this framework, their economic life sufferedcomparatively little interference. 25 To be fair, most Muslims in the medievalEast, and probably today, had little or no say in their taxation nor in other

    policies either.

    Women could reach prominence in society as reporters of theProphets traditions (hadith), scholars who taught at centers of learning,sufis, and physicians. Ibn Sad, the prominent Muslim biographer,mentioned many women among his teachers. Many others showed their refined taste and skill in weaving textiles and rugs and in fashion.

    32

    24 Mez, Renaissance of Islam , English Tran., pp.34-35, 43-44, 51-52, 418-24; Philip K. Hitti, History of the

    Arabs (London: Macmillan, 1970) pp. 353-59.25 Grunebaum, Medieval Islam, p. 180

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    Writes Grunebaum:

    The problem of the relation between coexisting layers of auniversal and a provincial civilization is by no means

    peculiar to the Islamic world; it is in fact typical of all areasculturally identified with a civilization of a supernational or universal outreached. The self identification of a Muslim asnationalistic Persian of the Samanid period would appear

    perfectly legitimate in as much as he would continue to acceptthe Islamic axioms of monistic theism and prophetism as wellas the value judgment which dedicated the life of man to theservice of God. It is only within this intellectual emotionalframework that he strives after the political independence of his

    people and the revival of the cultural glories of the Iranian past.Under the surface of the Muslim identification non end of changes may occur, but, they will hardly ever effect theidentification as such. 26

    In the Muslim literary heritage, there were works devoted to

    indicating the merits and advantages (fadail) of certain Muslim countriesand cities. Each ethnicity, region, or religious group contributed to theenriching diversity of Muslim civilization, while still maintaining its unitinginfluence and its homogeneity. The Arab superiority under the Umayyadsdisappeared after them, as non-Arabs especially the Persians and then theTurkics attained political and military power thought the Muslim lands.

    33

    26 Gustave von Grunebaum, The Problem: Unity in Diversity, in Unity and Variety in MuslimCivilization , (Chicago: University of Chicago Press, 1967), pp. 17,19.

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    Though Participation in World Knowledge and Civilization:

    Writes Atiya,

    After the establishment of the Pax Arabica in their empire, a period followed in which the Arabs began to except to reap the benefits of the superior civilizations now under their hegemony When, therefore, we speak of the miracle of Arabicculture, it is essential for us to remember its predominantlysynthetic character. This is seen not only in the wider fields of Greek and Persian influence, but equally in regard to the impactof the more localized elements such as Coptic, Syriac, Nestorianand Indian thought and art. Arab culture became the meeting

    place of the two great ancient streams of thought which had beendeveloping throughout ancient times: the Greek, or if we godeeper into antiquity, the Egyptian and the Greek, on the oneside, and the Sumerian, Persian and Indian on the other. The

    birth of Arab culture took place in the amazing synthesis of theintellectual achievements of the older nations. Yet, it would bean error to limit the Arab contribution to transmission of ancientknowledge. Arab scholars and commentators, showedthemselves to be creative and attained extraordinary heights or originality.

    The caliphs dispatched special commissions to Constantinopleto copy important Greek manuscripts for the purpose of translating them into Arabic. Cases are noted where theambassadors of the caliphate made stipulations in peace treatieswith the Byzantines for ceding certain Greek manuscripts to theArabs. It may be asserted that al-Mamums academy inBaghdad was the first real revival of the learned atmosphere of the Alexandrine long extinct Museon. In the course of approximately five centuries (from the latter decades of the

    eighth to the twelfth), the Arab mind reached incredibleheights (and) we can sense two apogees of Islamic culture, inthe East and Baghdad and in the West at Cordava (Thatculture had) its impact on world progress in the variousdepartments of the humanities, of exact sciences, of astronomy,medicine, art, and architecture The impact of Averroes (Ibn

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    Rushd 1126-1198) on the principal thesis of St. ThomasAquinas (1225-1274), in his immortal sumana Thelogicaseems clear from his discussion on the place of revelation

    between faith and reason, though St. Thomas deliberatelycriticized the Muslim thinker Averroism has reached Aquinasdirectly through Latin translations... And indirectly through theLatin versions of the works of the great Jewish philosopher Moses Maimonides (1135-1204) Musa ibn Maymun who hadwritten his original texts in Arabic. It is worthy of note that theyAverroist philosophical interpretations, although condemned bythe ecclesiastical authorities, were openly commended for student use by the professors of the University of Paris. 27

    Such interaction between Muslim, Jewish, and Christian religious

    thinking in Western Europe in the Middle Ages is amazing. Ibn Rushd, incontribution, might be reacting to the words of St. John of Damascus (d. ea.749), who lived in Syria and knew Arabic, regarding the freedom of thehuman will and against harsh predestinarianism, in spite of his polemicsagainst Islam. 28 As Grunebaum has properly emphasized.

    Islams originally consists exactly in the capacity of adaptingthe alien inspiration to its needs, of re-creating in in its owngarb, and of rejecting the inadaptable To understand both themechanics and the spirit of Islamic civilization, it is necessarynot only to trace foreign borrowings but to appraise their effectiveness. 29

    The effectiveness and influence of Muslim civilization was not limited

    to its peoples, who might naturally be attached to its Islamized or Arabizedgarb, as Grunebaum has pointed out, but to others as well. Grunebaumhimself wrote,

    It is curious to observe how Arab prestige rose in Constantinople at

    35

    27 Aziz S. Atiya, Crusade, Commerce and Culture (Bloomington: Indianan University Press, 1962), pp.210-11, 214-15, 218-19. Atiya is an Eyptian Copt and a prominent historian of the Middle Ages, Especiallyin the filed of the Crusades.28 Hitti , History of the Arab People s, pp. 245-46; for more details about the influence of John of Damascuson Islamic thinking, see Louis Gardet & George Anawati, Introduction de la Theoligie Musulmane , transSobhi al-Salih & Farid Jabr, Falsafat al-Fikr al-Dini bayna al-Islam wa al-Masihiyya (Beirut: Dar al-Ilmlil-Malayin, 2: 32-48)29 Grunebaum, Medieval Islam, p. 324

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    the same time that the prestige of Greek science was reaching its peak in Baghdad Muslim civilization attracted the non-Muslims far

    beyond the spell usually cast by ideas and habits of a dominatinggroup on groups of lesser standing and influence; those that didcome in contact with Arab thought and Arab manner often respondedwith reluctant admiration and not infrequently found themselvesimitating Muslims ways. 30

    Muslim libraries established in mosques, schools, universities and

    research centers were very rich. In addition, there were numerous privatelibraries. Through those remarkable institutions, heritage of variouscivilizations came together. The openness of Muslim civilization to othersideas and its pluralistic synthesis illustrates the point. (Works, includingthose of Bertrand Russell and George Sarton, may be helpful for those whoare interested in such a debate.)

    Muslim Sufis played an impressive tone of universality in their philosophy and in spreading their orders as well. Art and architecturerepresented a significant area for the Muslim openness and identity in thesame time. Their synthetic influence, together with such modifications as

    benefited the tenets of the new religion., states Atiya.

    Produced in the end a composite style of art and architecturewhich became identified as Islamic. They availed themselves of the forms, materials, and technical resources of the variedcountries under their sway; and they employed Syrian,Armenian, Egyptian, Byzantine, Iranian and Indian architectsand artists, irrespective of religious differences The resultwas a staggering achievement in the rise of magnificent cities,

    palaces, citadels, mosques, mausolea, bridges, aqueducts, andall manner of works of art and technology spreading out fromSpain to Indian, and paradoxically bearing the marks of unityand diversity at one and the same time. 31

    36

    30 Ibid., pp. 54-5631 Atiya, Crusade, Commerce and Culture, pp. 234-35

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    In World Commerce:

    Commerce has been always an effective means of establishinginterrelations in the world and its effects extend beyond material to culturalexchange. Muslims, Christians, Jews, and Zoroastrians; Arabs, Persians, andIndians among others, were all involved in extensive international trade inthe Muslim lands. Baghdad, Basra, Siraf on the Persian Gulf, Cairo andAlexandria on the Mediterranean, Smarqand and Bukhara in Central Asia,and Cordova in al-Aldalus, flourished as commercial centers. Muslim tradersreached India and China by sea; they traded in the Byzantine cosmopolitancapital Constantinople, with its mercantile wealth and commercial relations,their caravans went through Africa from Morocco and Sijelmasa. Muslimcoins, the gold dinar and the silver dirham rivaled the Byzantine nomisma ininternational commerce. Recent excavations uncovered hoards of coins fromMuslim lands in Russia, Finland, Scandinavia and the Balkans. Jewishmerchants came from Provence in France to Muslim lands, and from therethey extended their activities to India and China, connecting the West andthe East and dealing in the commodities of both. Muslim trades spreadthrough Africa and Asia where commercial centers flourished. Certain formsof money orders and credit documents, in addition to money exchange,facilitated these international transactions, and the traveling merchants werehosted in guest houses attached to local market. 32 Travel accounts andgeographical works contributed valuable information and knowledge of lands, routes and people which helped Muslim commercial activities andglobal cultural pluralism as well. 33

    Can the advantages of pluralism in the Muslim civilization of the past

    be revived in our era? To do so requires persistent efforts on both sides. Thedeveloped countries have to build up a new constructive relationship withthe Muslim which can overcome the accumulated legacy of subordinationand exploitation form the colonial era. The powerful representatives of thisdominant civilization have to prove incontrovertibly in both thought and

    practices that a real change in attitude has been undergone in this global erafrom a single model of civilization to a multi-patterned one. Values and

    37

    32 Hitti, History of the Arabs , pp. 343-46; Atiya, Crusade, Commerce and Culture, pp. 166-69: Mez,

    Renaissance of Islam , pp. 471-8133 For a concise history of Musim Geographical treaties travel and books Nafis Ahmad, MuslimContibutions to Geography , (Lahore: Ashraf Publications, n.d.), trans. With additional notes by: FathiOsman, Juhud al-Muslimin fi al-Jughrafia (Cairo: Dar al-Qalam, 1960)

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    principles of material and moral development and progress must beuniversally accepted, though the approaches and forms can be different.

    As for Muslims, they have to go beyond the glories of the past and theunrealistic and impossible static notion that it can be resuscitated, and

    beyond bitterness over Western aggression to a constructive and dynamicview of the present and the need to maintain the everlasting values that willaccrue from contemporary world progress.

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    Towards A Muslim Contribution to Contemporary Global Pluralism:

    The Muslims have the moral and legal principles of pluralismavailable in their religious sources and heritages, and they have had a longhistory of practicing pluralism; they can therefore be a constructive andeffective contributor to contemporary global pluralism. They have only toovercome a lack of confidence in themselves that derives from years of stagnation and their lack of trust in others that stems from years of humiliation and exploitation.

    Relieved of there psychological burdens, they have to act positively both in their own countries and throughout the world. They cannot think merely in terms of repeating their past, for the contemporary would has gonethrough too radical a change to make repetition of the past either possible of effective. Muslim can obtain their inspiration from religious sources andhistorical experience, while pushing their actions much further towardcontemporary pluralism.

    To deal with ethnic differences in single country pluralism can provide the solid conceptual and psychological basis for legal equality inhuman rights and obligations. Various forms of decentralization, federation,and local autonomy can help as practical mechanisms for maintaining theharmony of the society and the unity and stability of the state. Selection andadjustment can be made according to the given geographic, ethnic, andeconomic circumstances.

    When a certain ethnicity is distributed over more than one countryinstituting dual citizenship may provide a solution. The Washington Post onMarch 14, 1995, reported that Irelands prime minister John Bruton hadsuggested a recognition that within one territory you can have twonationalities (Irish and British) of equal legitimacy, living and sharing thesame space and same streets, regardless of to which state they formally

    belong. Such a concept can also be considered in other places where ethnicconflict is occurring. However, a conviction and belief in pluralism must be

    present to secure a firm foundation for whatever solution is reached.

    Full democracy is the only system that can secure human rights for each individual and group in a contemporary state whatever their inborn or acquired differences may be, and give them confidence in themselves and in

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    their society. Constructive engagement in world relations to secure peaceand justice as solid foundations for world order and to develop universalcooperation among equals for the material and moral development have toreplace feelings of superiority over other human groups.

    Freedom and equality of all citizens of the state and all human beingsin the world represent the cornerstone of democracy. Because directdemocracy is difficult or even impossible to achieve in any relatively largeand populous country, representation is essential to it. Elections and political

    parities have provided the mechanism for the representations of the people indirecting the main activities of the state, especially the executive and thelegislative branches. Democracy stimulated difference, but organizesopposition through a multi-party system and a representative body.

    Contrary to what was earlier believed, it is now apparent that even in ademocracy the interference of the state in the economic field may sometimes

    be necessary when difficult problems, such as a severe recession or a serioussocial disparity or conflict arise. The New Deal in the United Statesconceived by President Franklin Roosevelt during the Great Depression of the 1930s was a turning point in this respect. Many Western democracieshave since adopted the concept of the welfare state in varying degrees,especially when political parties with socialist leanings are in office.

    Socioeconomic development preceded the establishment of democratic institutions in the West, while the reverse has occurred in manydeveloping countries. This makes some coordination essential, since giving

    priority to economic development over democratization is not favored bymany. Moreover, the developing countries may require a release of theindividual from the constraints of a primary group (e.g., tribe, ethnic group)

    before being able to freely exercise democratic choice.

    Democracy has at its foundation the support of human rights andresponsibilities, individual and collective, political and socioeconomic,intellectual and spiritual, national and universal. Moral relativism or indifference undermines democratic practice. In addition, democracy has to

    be universal for all humankind: the rich and the poor, the developed and thedeveloping. Exporting tobacco to other countries without a printed warningabout the dangers it poses to health on its label, or exporting food, medicine,chemicals or other products to other countries with no expiration date on

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    them, or ignoring the safety precautions or the harm to the environment of certain industries so long as they are established in other countries, anddumping nuclear waste in the open seas, which represent a common propertyof all humanity, all such actions are not only undemocratic but anti-democratic.

    There is no framework available for securing equal rights andresponsibilities for all in a contemporary pluralistic society better than ademocracy, however, and there is no other framework that makes self-criticism and self-correction possible within the system itself while it is

    being practiced.

    Islam provides general principles for a way of life for the individual,the family, the society, the state, and the world to secure peace, stability,

    justice, and fruitful relations, but it does not prescribe detailed practical programs, since such detail have to change to fit changes in the humancircumstances in different times and places. It allows extensive room for thecreativity of the human mind to cope with those changes as they appear, for the human mind is also Gods gift which has to be fully used and developedand should not be restricted or crippled by the other gift of God, which isHis guiding message.

    Meanwhile, Islam can be presented to, and dealt with by, a non-Muslim in contemporary pluralism as an ideology, although intellectualunderstanding naturally does not provide the same moral depth as spiritualconviction and religious commitment, which seeks the acceptance of theAbsolute Supreme Being and the reward of eternity. However, freedom andequality for all human beings are, for believers in God, definiteconsequences of belief in the One who is the only distinct and SupremeBeing (e.g., Quran 42:11, 59:23, 112:4). All human beings are equally Godscreatures, and each is only subject to Gods physical and moral laws andequal to any other human being. Caliph Umar said to the Muslim governor of Egypt, whose son had beaten an Egyptian child who had overtaken him ina race: Since when did you impose slavery on human beings while their mothers bore them free!

    State service (e.g., building and maintaining roads, canals, bridges,markets) and social security were offered by the early caliphate to all people,whatever their sex, ethnicity, or faith might be. The needy among the non-

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    Muslim were supported by the public treasury from zakat revenues. Moderndemocracy likewise is concerned with socioeconomic justice and offers itsservices and care to all citizens, while it considers the special circumstancesand needs of the deprived. The religious dimension in the Islamic plan of reform does no mean establishing a theocracy. There is no clergy in Islam;any human being who knows the language and the style can understand andinterpret Gods message, and no supernatural power can be required or claimed for such work. The Islamic way of life is not totalitarian. It is notoverloaded with details that dominate every moment or instruct every humanthought and move, nor has it ever claimed to provide a definite prescriptionfor every specific problem that may emerge in any time or place. The rulingauthorities cannot monopolize the interpretation f divine guidance or offer new solutions for emerging problems without involving the people. Everyadult is eligible to participate in this process.

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    Shur