Sharia and Democracy

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- Nizar
- An Evolved Creationist
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Sharia and Democracy
OP - January 27, 2009, 08:40 PM

I have recently had lots of discussions about this topic and I can't really understand why religious people can not accept my approach and claim that my reasoning is invalid simply because Sharia and democracy are two different things and thus they can coexist without any problems.

My question is:
Is Sharia a democratic system if practiced in the form of a government?

First we need to define Sharia and Democracy before we continue on with the discussion, finding a definition that everybody agrees with to the narrowest detail is impossible and that goes to both democracy and Sharia so we will have to stick with the most accepted definitions for the sake of the argument.

Democracy*: There are two principles that any definition of democracy includes. The first principle is that all members of the society (citizens) have equal access to power and the second that all members (citizens) enjoy universally recognized freedoms and liberties.

- Equality, freedom of belief and freedom of speech are some examples of universally recognized freedoms and liberties.

Sharia*: Is the legal framework within which the public and private aspects of life are regulated for those living in a legal system based on Islamic principles of jurisprudence and for Muslims living outside the domain. Sharia deals with many aspects of day-to-day life, including politics, economics, banking, business, contracts, family, sexuality, hygiene, and social issues.

The argument:

How can Sharia be a democratic system if practiced in the form of a government when:

A. Only Muslim individuals in the society can be nominated to power.

B. A woman's testimony is worth only half of a man's testimony.

C. When converting from Islam is punished by death.

D. When criticizing Islam and it's prophet is punished by death.

I understand that Sharia can be elected democratically but that does not mean that it will automatically become a democratic system.

I would really like to hear your thoughts and opinions on this topic and on my argument.

Thank you.

* Definitions quoted from Wikipedia, not the most reliable source but would work for now.
- Cheetah
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Re: Sharia and Democracy
Reply #1 - January 27, 2009, 08:49 PM

The laws on criticism of Islam and apostasy alone would automatically make the two systems of government incompatible. Freedom of conscience and freedom of speech are indispensable to democracy.

Either those two parts of Sharia need to be reinterpreted, or the definition of democracy would be reduced to little more than a mere plebiscite.

"Befriend them not, Oh murtads, and give them neither parrot nor bunny." - happymurtad's advice on trolls.
- cosmicdancer
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Re: Sharia and Democracy
Reply #2 - January 27, 2009, 09:25 PM

My objection to Shari'a Law being introduced - even in a limited and restictred manner - is that most Muslims who have escaped from their country of origin have done so partly because they desire the freedom and democracy that the west offers even if they do not say so publicly.

They are unable to say to their husband/wife/peers/community that they do not wish to settle a matter according to Shari'ah but would rather have it resolved according to secular democratic laws - for fear of being criticized/ostracized and so find themselves being forced to be put in the hands of the very narrow-minded Mullahs they left their country to escape from.

I can't understand why the UK (for example) should not want to apply secular democratic laws to all of it's citizens equally, but instead seek to exempt those most vulnerable to laws it does not condone for the majority.

I happen to know Suhaib Hasan and others on the Shari'ah council of UK - and they are the LAST people I would want to decide any matter in my life.

In fact I would not want them to come near me!
- Soren
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Re: Sharia and Democracy
Reply #3 - January 27, 2009, 10:10 PM

Quote
I understand that Sharia can be elected democratically but that does not mean that it will automatically become a democratic system.

erhm can I as a non-muslim be elected. If not it's only a democracy for believers. One could argue that that's the same for a given country. But then one would compare apples and oranges (or perhaps peaches, pumpkins, banana). So basicly you would have some kind of theocratic democracy or democratic theocracy. So if your question is wether sharia can be a democratic system the question should rather what kind of democracy.
- hupla
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Re: Sharia and Democracy
Reply #4 - January 28, 2009, 12:50 AM

The thing you need to look into is "What is Democracy"?
Basically, what people who believe in "democracy" generally regard as democracy is liberal democracy.
This means that you try to design a legal system which protects minorities from the majority.

A true democracy would the example of "2 wolves and a sheep voting over what to have for dinner".

If you read up on the foundation of the US and the development of the Bill of Rights etc., you'll find a lot about how they intentionally sought to protect minorities and individuals from the "tyranny of the majority".

http://www.answers.com/topic/tyranny-of-the-majority
http://en.wikipedia.org/wiki/Tyranny_of_the_majority

The German post WWII Constitution - the Grundgesetz - gets around the tyranny of the majority by putting the power to change the Constitution into the hands of a Constitutional Court (to avoid the Germans voting for another Hitler).

The doctrine of the Separation of Powers also plays a part in this.
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