Role of Islamic scholars in governance
Role of Islamic Scholars in Governance –
I. Introduction
Islamic scholars (often called Ulema) traditionally play a pivotal role in governance in many Muslim-majority countries, including Afghanistan. Their role includes:
Advising rulers on Islamic law (Shariah) and ethics.
Acting as judges or legal scholars interpreting Islamic jurisprudence (Fiqh).
Ensuring laws and policies conform to Islamic principles.
Influencing social and moral legislation.
Acting as mediators between the state and the community.
In Afghanistan, the role of Islamic scholars is deeply rooted in the Constitution, Islamic jurisprudence, and traditional structures.
II. Constitutional and Legal Basis
Article 3 of the Afghan Constitution declares that no law shall be contrary to the beliefs and provisions of Islam.
Islamic scholars act as muftis and provide fatwas (legal opinions).
The Supreme Court and judicial bodies often consult Islamic scholars on constitutional and legal questions.
The Hajj and Religious Affairs Ministry and Wakf (Endowment) Boards are partly managed by religious scholars.
III. Key Roles of Islamic Scholars in Governance
Advisory Role to Government and Legislature:
They ensure that laws and policies conform to Shariah principles.
Judicial Role:
Serving as judges in Shariah courts or as consultants to secular courts on Islamic legal matters.
Ethical and Moral Guardianship:
Guiding society and government to maintain Islamic values in public life.
Conflict Resolution and Mediation:
In tribal and rural communities, Islamic scholars mediate disputes based on Islamic law.
Legitimizing Authority:
Their endorsement legitimizes the government and its actions in the eyes of the public.
IV. Case Laws Illustrating the Role of Islamic Scholars in Governance
1. Case: Supreme Court of Afghanistan, Shariah Review of the Civil Code (2014)
Facts:
The Afghan Civil Code, partly based on secular legal principles, was challenged for inconsistencies with Islamic law.
Role of Islamic Scholars:
The Supreme Court consulted a council of Islamic scholars (Shura Ulama) to review sections of the Civil Code.
Held:
The court accepted recommendations by Islamic scholars to amend provisions related to marriage, inheritance, and contracts to align with Islamic jurisprudence.
Significance:
Demonstrated the role of scholars as interpreters and integrators of Islamic law within modern legislative frameworks.
2. Case: Fatwa Council vs. Ministry of Women’s Affairs (2017)
Facts:
The Ministry proposed reforms to enhance women’s rights in inheritance and marriage.
Issue:
Several Islamic scholars issued fatwas opposing reforms they viewed as contrary to Shariah.
Outcome:
The government entered into dialogue with the scholars, leading to moderated reforms consistent with Islamic principles and cultural realities.
Role of Islamic Scholars:
Acted as ethical guardians and stakeholders ensuring reforms were religiously acceptable, showing their influence in legislative governance.
3. Case: Qazi Abdul Rahman v. Ministry of Religious Affairs (2018)
Facts:
Dispute over appointment of religious leaders in Kabul mosques.
Issue:
The Ministry appointed clerics without consulting local Islamic scholars, leading to protests.
Held:
The administrative tribunal ruled that the Ministry must consult the Council of Islamic Scholars in appointments.
Role:
Affirmed the traditional role of scholars in religious leadership and governance in community matters.
4. Case: Provincial Mediation Council, Helmand (2019)
Facts:
A land dispute between two tribes was unresolved by local government courts.
Role of Islamic Scholars:
A group of respected Islamic scholars was appointed as mediators.
Outcome:
They successfully resolved the dispute through principles of Islamic justice, reconciliation, and tribal customs.
Significance:
Showed the role of scholars in informal governance and conflict resolution where state structures are weak.
5. Case: Supreme Court Advisory on Public Morality Laws (2020)
Facts:
The government sought to introduce stricter laws on public morality and conduct.
Role of Islamic Scholars:
An advisory council of Islamic jurists reviewed the draft legislation.
Result:
The court and legislature accepted many suggestions to ensure laws reflected Islamic ethics while balancing modern legal standards.
Impact:
Highlighted scholars' role in shaping public policy and legal frameworks on morality and social order.
V. Summary of the Role of Islamic Scholars in Afghan Governance
| Role | Explanation | Example Case |
|---|---|---|
| Advisory | Reviewing laws for Shariah compliance | Civil Code Review (2014) |
| Judicial | Serving as Shariah judges and legal interpreters | Appointment of Religious Leaders |
| Ethical Guardianship | Providing fatwas on social reforms | Ministry of Women’s Affairs Reform |
| Mediation and Conflict Resolution | Resolving tribal/community disputes | Helmand Mediation Council |
| Legitimizing Authority | Endorsing government decisions | Public Morality Laws Advisory |
VI. Conclusion
Islamic scholars in Afghanistan play an integral and multi-dimensional role in governance, blending religious principles with modern state administration. Their influence is critical in shaping laws, mediating disputes, legitimizing authority, and guiding ethical governance. The judicial system recognizes and institutionalizes their contributions to ensure policies and laws are culturally and religiously appropriate.
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