Complementary, Not Competing, Claims of Law and Religion: An Islamic Perspective

Abstract

In this light, I propose to argue for the following propositions about the relationship between law and religion. First, we should all be open to reconsidering our view of this relationship for different conceptions of law and experiences of religion. Second, we should accept the possibility of dynamic change and transformation of any legal system or religious tradition.2 As clearly indicated by the historical evolution of legal systems and religious traditions, these institutions are always changing, though not always in predictable or predetermined ways. Although one cannot predict or preempt how these institutions will evolve, I am unable to see how one can rationally assert that this or that is the way this legal system or that religion are to be for eternity. Third, and most importantly, locating the human agency of citizens and believers at the core of both law and religion, respectively, indicates possibilities of mutual influence to the ends of upholding individual freedom and social justice for all. When people are free to make and change the law as they wish and practice the religion they choose as they understand it, they are more likely to seek and progressively realize a humane view of law and an enlightened view of religion.