Dergiler / Türkiye Mesleki ve Sosyal Bilimler Dergisi / 2025 / Cilt: 8
FEATURES OF ISLAMIC POLITICAL THEORY IN THE THOUGHT OF TAWFIQ AL-SHAWI
- Sayı
- 2025 · Cilt: 8
- Sayfa
- —
- Yayın Tarihi
- 2026-06-05
- DOI
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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.
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Kaynakça (9)
- The Holy Quran.
- Al-Sanhuri, A. (1926). Le Califat: Son évolution vers une société des nations orientales [The Caliphate: Its evolution towards a league of oriental nations]. Librairie Orientaliste Paul Geuthner.
- Al-Shawi, T. (1992). The jurisprudence of Shura and consultation (Fiqh al-Shura wa al-Istishara). Dar al-Wafaa for Printing and Publishing.
- Al-Shawi, T. (1994). Shura: The highest level of democracy (Al-Shura A'la Maratib al-Dimuqratiyya). Al-Zahra for Arab Media.
- Al-Shawi, T. (1995). The jurisprudence of Islamic governance between Sunnis and Shiites (Fiqh al-Hukuma al-Islamiyya). New Era Publications.
- Amara, M. (1998). The civilizational project of the Islamic Ummah. Dar al-Rashad.
- Bennabi, M. (1954). The conditions of renaissance (Shurut al-Nahda). Dar al-Fikr.
- Erbakan, N. (1990). The just order (Adil Düzen). Tekder Publications.
- Hallaq, W. (2013). The impossible state: Islam, politics, and modernity's moral predicament. Columbia University Press.