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Not only is democratization a must and precondition of a modern and civilized world, but it is in line with the spirit and purposes of sharia, that is to uphold a just society," Syafii said.
With the challenges of radical movements that hamper democracy, Surin said that a long process of education, social transformation and empowerment, as well as leadership was necessary to create an open society
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There are many features of a democracy that are essential to good governance and a healthy civic society. These principles have firm roots in the practice of first four Khalifahs or are at the very least compatible with the intents and purposes of Sharia. They are also features of a democracy.
A constitution that clearly states the principles and system of governance; Legislation within this framework that can be tested at a constitutional court; Accountability of the executive to the population (shura) at all levels of government; Absolute transparency in the workings of the executive; The rule of law; The testing of that law before a judiciary independent of the executive and legislative branch of the state (another Islamic concept); A media free of influence from the executive; An independent investigative coroner into deaths. This would seem an odd choice to put into the mix , but it is often a public tragedy and the subsequent forced open enquiry, that forces governments’ to be more open and accountable to public demands that are a catalyst for better governance. This mechanism is especially lacking in the muslim world where we place no value at all on Muslim life.
-------------------------------------------------- Note added at 2 hrs (2007-09-06 20:27:57 GMT) --------------------------------------------------
-------------------------------------------------- Note added at 2 hrs (2007-09-06 20:32:20 GMT) --------------------------------------------------
For the purpose of my argument, I will only discuss how the theories of maqasid (purpose of law in Islam), masalih (public interest), and kulliyyat al-ahkam (general and universal principles of law) can be applied in our attempt to explain why Muslims should vote in British elections. What is of particular interest to me is how Muslim legal classicists such as the great Abu Ishaq al-Shatibi (died. 1388) interpreted these theories.
�.. With the concept of maqasid al-shari'a (intent and motive of Islamic Law), it becomes possible to apply the Qur'an to changing times and changing conditions in society, so that the data revelata remain dynamic and creative, always applicable and always invigorating society. Unfortunately, due to the development of legalism in Islam, the focus has shifted from the kulliyat to the juz'iyyat. Under correct interpretations of law in Islam, the change and the modification of juz'iyyat is acceptable in order to meet social change as long as such change does not undermine the kulliyat. http://www.salaam.co.uk/themeofthemonth/september03_index.ph...