Rethinking the Conundrum of Law and Morality:

Islamic Law between Popular Sovereignty and God's Sovereignty

Kaif Hasan

Mohammad Saif

Sadaf Ali Khan

 

Abstract: Exploring the debate between Islamic and secular laws from the perspective of Islamists, this article suggests a way of rethinking the relationship between popular sovereignty and God’s sovereignty in the modern world. There has been a conundrum of calls for reform in Islamic law based on democratic principles in the contemporary world. Comparing the role of morality in Islamic and secular legal systems, highlighting their differences in the foundations and principles of morality in both systems, this article primarily argues that morality is essential for law in both systems. However, the examination of the issue of sovereignty, whether it belongs to the people or to God, explains why Islamists reject Western-inspired reforms in Islamic law. The article examines the principles of Islamic law and the concepts of fitrah (innate disposition) and deism to highlight the fundamental differences in sovereignty between the two systems. While the article acknowledges that Islam does not oppose democracy, it reflects on the Islamists’ contention that some modern democratic values are incompatible with Islamic law. It emphasises that arguments on morality should be based on Islamic law (Sharia’h), which is derived from the Qur’an and Sunnah and provides its own criteria for reform. In conclusion, the article stresses on the inherent conflicts between modern democratic values and Islamic law, and the need for independent and internally guided reform within the Islamic legal system which remains faithful to Islamic principles and free from conceptions strange to it.