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AI InsightThrough a comparative lens involving thinkers such as Al-Sanhuri, Malik Bennabi, and Wael Hallaq, the study concludes that al-Shawi’s theory provides a sophisticated model for democratic governance that harmonizes transcendental divine justice with the functional requirements of contemporary political systems.
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Özet
This research explores the features of Islamic political theory through the thought of Dr. Tawfiq al-Shawi (1918–2009), a preeminent legal scholar who sought to institutionalize Sharia principles within modern constitutional frameworks. The study analyzes al-Shawi’s reconstruction of traditional concepts-specifically the "Sovereignty of the Ummah" and "Binding Shura" (Shura Mulzima)-as a direct antidote to political despotism. By examining his seminal works, The Fiqh of Shura and The Jurisprudence of Islamic Governance, this paper demonstrates how al-Shawi transitioned Shura from a non-binding moral advice to a mandatory constitutional mechanism. Furthermore, the research investigates al-Shawi’s vision of the "Legal State" (Rechtsstaat) and his proposal for an "Islamic Union" as a decentralized, federal alternative to the centralized modern nation-state. Through a comparative lens involving thinkers such as Al-Sanhuri, Malik Bennabi, and Wael Hallaq, the study concludes that al-Shawi’s theory provides a sophisticated model for democratic governance that harmonizes transcendental divine justice with the functional requirements of contemporary political systems.
Abstract
This research explores the features of Islamic political theory through the thought of Dr. Tawfiq al-Shawi (1918–2009), a preeminent legal scholar who sought to institutionalize Sharia principles within modern constitutional frameworks. The study analyzes al-Shawi’s reconstruction of traditional concepts-specifically the "Sovereignty of the Ummah" and "Binding Shura" (Shura Mulzima)-as a direct antidote to political despotism. By examining his seminal works, The Fiqh of Shura and The Jurisprudence of Islamic Governance, this paper demonstrates how al-Shawi transitioned Shura from a non-binding moral advice to a mandatory constitutional mechanism. Furthermore, the research investigates al-Shawi’s vision of the "Legal State" (Rechtsstaat) and his proposal for an "Islamic Union" as a decentralized, federal alternative to the centralized modern nation-state. Through a comparative lens involving thinkers such as Al-Sanhuri, Malik Bennabi, and Wael Hallaq, the study concludes that al-Shawi’s theory provides a sophisticated model for democratic governance that harmonizes transcendental divine justice with the functional requirements of contemporary political systems.