From the State of the Khalifah to the Nation State: The Transformation of Islamic Legal Politics

This work examines the transformation from the one Muslim State with one Khalipah (Caliph) to the nation state under Islamic law. It examines the status quo of multiplicity of Muslim States from the perspective of classical Muslim scholars to find out that the transformation from one Caliph to dozens of Head of States in separate Muslim States is not averse to the opinions of top experts of Islamic law even in early Islam. How is the Imam (head of state) appointed under Islamic legal discourse and whether the existence of different Muslim States with their own Imams violate the cardinal principle of ‘One Caliph rule’ of the Shari‘ah. According to Imam Juwaini, it is possible to appoint two or more Imams for one Muslim State either to avoid fitna or if it is difficult for one Imam to serve Muslims of far off places or islands. There are four different methods of appointing an Imam according to Shah Waliullah Dehlavi. Dehlavi has based these methods the way the four successors of the Prophet Muhammad (Peace be Upon Him) had been chosen. Efforts for the one Caliph rule must be abandoned as it is not practicable today to have one Caliph for the whole Muslim world. Islamists thinkers have differed whether shura and democracy are compatible. Finally, Islamists thinkers and others have yet to come up with the blue print of a model shura system.