Modern State And Sharia'' Basics, Contradictions And Their Solution’’ (A Research Review Of Hallaq’s Ideas)

Abstract

According to Hallaq, the concept of the state^[1] itself is a product of modern colonialism. The ideology of the modern state is devoid of morality whereas religion is in any case a collection of moral teachings Therefore, when the modern state cannot be religious, how can it be moral? And when the state is devoid of moral philosophy, how can it be Islamic? As if there is only one concept of the state and that is secular. Also, the modern state does not have a historical existence but is a product of the colonial era. During the colonial period, especially, Islamic law was distorted and its status remained as a mere personal law. He has criticized those Muslim scholars who prove the concept of Islamic state with Quran, Hadith or Sunnah.^[2] The necessity and importance of modern philosophy of ethics has also been explained and the brokers of the world's turn towards the philosophy of ethics in the postmodern era have been presented with the references of various philosophers. One thing is clear here that instead of taking Islam as a religion, he tend to take the importance of moral philosophy as a religion. In other words, the moral philosophy of a particular religion may be very important for him to include in the concept of a modern state, otherwise his theory of taking morality as law remains incomplete. If we look at the duties of the modern state and look at the essentials, requirements and properties, it can be seen that there is a big and fundamental difference between the Muslim concept of the state and the modern concept of the state. The Muslim concept of the state is an ideological thing on which practical life is based, while the modern concept of state is a linguistic, geographical and national concept, so its definition is also a collection of different opinions on the same basis. A modern state cannot be moral as long as it is based on color, race, nation, geography, colonial aims and personal interests. When it is based on a stable theory, it can be called a systematic and integrated human necessity, but also the purpose of life. And the foundation that Hallaq presents to the modern state as ethics is a new form of secularism from the Islamic point of view.^[3]As far as the law for the welfare of all humanity and other creatures is concerned,^[4] Islamic law has a place for all of them.^[5]The following article presents a critical analysis of the same ideas of Hallaq about the state.