What is your opinion on the statement that the Islamic state is a civil state with an Islamic reference, and what is the extent of its validity, according to Sharia, and is its constitution civil or Islamic?
The meanings of prevalent major terms must be clarified to avoid confusion and defects in concepts, as many disputes are caused by ambiguous terms that can be understood in more than one way. The term "civil state" is a Western term that emerged as a reaction to the injustice and tyranny of the Church, and it separates religion from the state. It is wrong to compare this model with Islamic governance, which is based on justice, consultation (shura), and offering sincere advice to rulers, and does not ascribe infallibility or sanctity to rulers. This is completely different from Western "theocracy."
Describing the state in Islam as civil or religious (theocratic) is incorrect. The Islamic state is based on the Quran and as its reference, and it obliges the people to hold the ruler accountable and monitor his performance, unlike the Western religious reference based on the ruler's personal "inspiration." The modern civil state denies God's right to legislate and assigns it to people, which contradicts Islamic law and takes it outside the bounds of Islam.
The term "civil state with an Islamic reference" is a contradictory expression. Civilism separates religion from the state, while Islam makes sovereignty for the . All the advantages found in the civil state are present, or even better, in Islamic governance, which is based on achieving benefits, warding off harms, and establishing justice. The constitution of the Islamic state derives its rulings from the Sharia, which contains rules for deriving rulings for every new matter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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