Shari'a Law and the Modern Nation-State

Since the hijra, Muslims have been concerned with the social and political organisation of their societies. The first Islamic community, under the close and careful guidance of the Prophet Muhammad (peace be upon him), was a politically dynamic one, incorporating effective structures for the interaction of Muslims and non-Muslims, and between muhajirun (the later Muslim emigrants to Medina) and the ansar ("helpers", or close associates of the Prophet already resident there).

As the architect of the Medina Charter, the Prophet (peace be upon him) drew upon the various ethical codes and the social framework of his time. This Charter, later to be known as the "Constitution of Medina", was open and flexible. It provided for the democratic existence and peaceful co-existence of different ethnic and religious communities. Over time it became for Muslims a beacon - a reference point for deriving methods of governance.

The state founded by the Prophet (peace be upon him) was essentially a city-state and, as such, it had to work within the limitations imposed by its initially restricted size and scope. Nevertheless, it did provide the basic structure on which the Prophet's (peace be upon him) immediate successors - the first four rightly-guided caliphs - built the Islamic empire, eventually embracing within its fold diverse lands and heterogeneous peoples.

The organisation of many Muslim nations over the last 50 years since the end of colonialism has been based, however, on the "Western" state model. The post-colonial development of most Muslim countries saw increasing tension between this adopted political order and the renewed efforts of many of their citizens to define and strengthen their Islamic identity.