No Constitution in Sharia, but a Constitution in Islam
We have previously discussed the distinction between Islamic Sharia and Islam, which can be reviewed in The Second Message of Islam.
Just as democracy is one wing of society, socialism is the other. Similarly, socialism does not exist in the Islamic Sharia, but Islam is inherently socialist - and more. We mention this briefly because a constitution stands on both these wings. In The Second Message of Islam, we have elaborated on the development of zakat (almsgiving), moving from fixed measures to drawing inspiration from the Infallible [Prophet]’s broader practice of zakat.
In brief: We have no right to discuss an Islamic Constitution if we do not advocate for the development of Islamic Sharia in political matters. The Salafist rule upon which Sharia was established was not democratic; it was based on shura (consultation). However, shura is not democracy, because the guardian is not bound to follow the advice of the consultative council if he holds a different opinion. Democracy, by contrast, requires binding decisions. Shura is merely consultation, with the guardian retaining the right to dissent.
If we recognize the necessity of developing Islamic Sharia in political and economic matters - shifting from secondary texts to primary texts, which were deferred in consideration of the time and the people’s capacity - then we can speak of a constitution. Details of this development are discussed in The Second Message of Islam.
Once More: Is There an Islamic Constitution in Islam? The answer is yes - and no. Yes, there is a constitution in Islam. No, there is no constitution in the Islamic Sharia as it currently exists.
To the Islamic advocates in this country: come to a common word between us and you. Let us sit together, leaving behind our personal biases, and strive to deepen our understanding of our religion. Do not let the apparent strangeness of the Republican Party’s ideas deter you. Perhaps this strangeness holds the promise of guidance rather than misguidance. Did not the Infallible say: "Islam began as something strange and will return to being strange as it began, so blessed are the strangers."
When asked, "Who are the strangers, O Messenger of Allah?" he replied:
"Those who revive my tradition after it has been forsaken."
In another narration, he described the strangers as: "A small, rightly guided group among a large, misguided one."
Who knows? Perhaps you will find in the Republican Party’s call a revival of the Infallible’s tradition after it has been abandoned. And perhaps the Republicans are that small, rightly guided group among a large, misguided one.
