Yes, Our Bangladeshi can write and ensure a majority Muslim ideology-based constitution that confirms the rights of all citizens and ensures national security. This requires careful balancing of Islamic principles with universal human rights and modern governance structures. The constitution should incorporate the values of justice, equality, consultation (Shura), and welfare from an Islamic perspective while safeguarding the rights of minorities and promoting national security.
Steps to Write a Muslim Ideology-Based Constitution Ensuring Rights and Security
- Islam as the State Religion
- Recognition of Islam: The constitution should recognize Islam as the state religion, in line with the identity of the majority Muslim population. This can reflect the moral and ethical framework of Islam in governance, while also ensuring that other religious groups are free to practice their beliefs.
- Example: The Constitution of Pakistan (1973) recognizes Islam as the state religion, but Article 20 guarantees religious freedom for all citizens, allowing minorities to practice their faith and engage in religious activities freely.
- Reference: “Islam and the Secular State” by Abdullahi An-Na’im explores how Islamic states can balance religious principles with secular governance to protect individual freedoms.
- Justice and Rule of Law Based on Islamic Values
- Islamic principles of justice (Adl): The legal framework should be based on the Islamic concept of justice, which includes fairness, equality, and the protection of human rights. The judicial system can integrate Sharia law for personal matters (marriage, inheritance) for Muslims, while maintaining civil law for criminal, commercial, and non-religious matters.
- Example: Malaysia applies Sharia law for Muslims in personal matters like family law and inheritance, while civil law governs broader legal issues, ensuring justice for both Muslims and non-Muslims.
- Reference: “Islam and the Rule of Law” by Benjamin Soares and Rene Otayek discusses how Islamic principles of justice can be applied within modern legal frameworks.
- Consultation and Democracy (Shura)
- Shura (Consultation): Islamic governance emphasizes the principle of consultation (Shura), where leaders are expected to consult the people before making important decisions. The constitution should enshrine democratic processes where people elect their representatives, ensuring public participation in governance.
- Example: Pakistan’s Constitution (1973) incorporates democratic elections alongside Islamic principles, ensuring both people’s representation and adherence to Islamic governance values.
- Reference: “Islam and Democracy: Fear of the Modern World” by Fatima Mernissi highlights how Islamic consultation principles align with democratic governance.
- Protection of Minority Rights
- Religious freedom and protection of minorities: The constitution must guarantee the rights of non-Muslim minorities, including their freedom of worship, protection from discrimination, and equal access to justice. Islamic principles encourage the protection of non-Muslims (dhimmis) living under a Muslim-majority state.
- Example: The Constitution of Indonesia protects religious minorities while Islam remains a guiding force in governance, creating a harmonious relationship between the Muslim majority and minority groups.
- Reference: “Religious Freedom in Islam: The Fate of a Universal Human Right in the Muslim World Today” by Daniel Philpott provides insight into how Muslim-majority countries can protect minority rights while maintaining Islamic identity.
National Security and Sovereignty
- Strong national security provisions: The constitution should include robust security measures to protect the sovereignty of Bangladesh from external threats and internal unrest. This can be done by establishing laws to combat terrorism, maintain internal order, and protect the country’s borders.
- Example: Turkey’s Constitution (1982) includes provisions for national security, granting the state powers to take necessary actions to protect itself, but with mechanisms to prevent abuse of these powers.
- Reference: “Islam, Security, and the Future of the State” by Stephanie Dornschneider examines how Islamic values can be reconciled with modern national security requirements.
Social Welfare and Public Good (Maslaha)
- Maslaha (Public welfare): The constitution should establish the state’s responsibility for social welfare, ensuring that all citizens have access to healthcare, education, and poverty alleviation programs. Islamic teachings emphasize the importance of caring for the vulnerable in society.
- Example: Saudi Arabia’s Basic Law of Governance (1992) ensures that the state provides for public welfare, in line with Islamic teachings on social justice and public good.
- Reference: “The Islamic Welfare State and Its Economic Functions” by Monzer Kahf explains how Islamic governance models can prioritize social welfare and economic justice.
Women’s Rights and Gender Equality
- Gender equality in line with Islamic values: The constitution should guarantee women’s rights to education, employment, and political participation, while ensuring their protection in family law in accordance with Islamic principles. Women’s participation in public life should be promoted while respecting Islamic norms.
- Example: Morocco’s Family Code (Moudawana) was reformed in 2004 to ensure gender equality while adhering to Islamic values, offering progressive rights to women in family matters.
- Reference: “Women, Islam, and the State” by Deniz Kandiyoti discusses how Muslim-majority countries can balance Islamic family law with women’s rights.
Environmental Stewardship (Khilafah)
- Islamic stewardship principles (Khilafah): The constitution should promote environmental protection and sustainable development, emphasizing responsible use of natural resources. Islamic teachings call for humans to act as stewards of the earth and protect its resources for future generations.
- Example: The Maldives’ Constitution incorporates environmental protection as a key element of governance, reflecting Islamic principles of Khilafah (stewardship).
- Reference: “Islam and Ecology: A Bestowed Trust” by Richard C. Foltz explores how Islamic teachings on stewardship of the earth can be integrated into governance.
Structure for a Muslim Ideology-Based Constitution for Bangladesh
- Preamble
- Acknowledge the sovereignty of Allah and Islam as the state religion, affirming that all laws and governance structures will reflect Islamic values while ensuring equal rights for all citizens.
- Chapter on Fundamental Rights
- Guarantee freedom of religion, speech, assembly, and equal protection under the law for all citizens, in line with both Islamic teachings and international human rights standards.
- Sharia and Civil Law
- Define Sharia law as the guiding legal framework for personal matters (family law, inheritance) for Muslims, while maintaining a civil legal system for criminal, commercial, and non-religious matters to ensure equality for all.
- Democratic Governance and Consultation
- Establish a democratic system based on Shura (consultation), ensuring that the people have the right to elect their representatives, and that governance is participatory and consultative.
- National Security and Emergency Powers
- Include provisions to protect national security and sovereignty, allowing the state to take necessary actions to defend against internal and external threats while respecting human rights.
- Social Welfare and Economic Justice
- Enshrine social welfare and economic justice as state responsibilities, ensuring the government provides for the well-being of all citizens, with a focus on poverty alleviation, healthcare, and education.
- Women’s Rights and Family Law
- Guarantee women’s equal rights in public life, while ensuring protection in family law based on Islamic principles. Women should have equal access to education, employment, and political participation.
- Environmental Stewardship
- Emphasize environmental sustainability and stewardship of natural resources as part of the state’s duties, reflecting Islamic teachings on protecting the earth.
Conclusion
Bangladesh can craft a constitution that is rooted in Islamic ideology while ensuring the rights of all citizens and protecting national security. By drawing on Islamic principles of justice, equality, consultation, and public welfare, and integrating them with modern governance structures, Bangladesh can create a constitution that reflects the country’s Islamic identity while ensuring a pluralistic, just, and secure society.
Suggested References
- “Islam and the Secular State” by Abdullahi An-Na’im
- “Islam and Democracy: Fear of the Modern World” by Fatima Mernissi
- “Islamic Governance: A Comparative Study” by Abdullah Saeed
- “Women, Islam, and the State” by Deniz Kandiyoti
- “Religious Freedom in Islam” by Daniel Philpott
Monirul Islam Shamim (Lawyer)
Policy analyst, Legal researcher,
CEO of Bangladesh Policy Research Institute
Bpr.institute24@gmail.com
London, 07/09/2024