Volume IV, Issue II (April 2006) - Columbus School of Law

prominent scholars as Ernst Gellner and Samuel Huntington have portrayed Islam as an ‘enemyof liberal democracy and civil society,’ others (including scholars of Islamic civil society such asElisabeth Özdalga and Suna Persson) have expressed their view of contemporary Islamicmovements as ‘modern propellants of civil society by serving to challenge the authoritarianstates of the Muslim world.’ 33 Ironically, both positions share a common foundationalassumption -- that is, that Islamic movements are invariably at odds with the secular nation-state:Islam’s role in either propelling or undermining civil society is largely assumed to occur througha struggle with the secular state … [and] the post-September 11 climate has reinforced thepredominant assumptions of clash, hostility and distrust as essential qualities of the Islamicrevival. 34Unfortunately, much of the juxtaposition between Islam, the state, and civil society -- especially‘a rich variety of state-Islam interaction, ranging from contestation and negotiation to cooperationand collusion’ -- appears to be the subject of limited (and only relatively recent)research and scholarship. 35 Moreover, much of the argument of incompatibility between Islamand civil society also appears not only to be a product of the relatively limited scholarship in thisarea but also relatively limited understanding of Islam as a powerfully public (as opposed to apurely private, inward-looking) religion. 36 Indeed, Islam is a religion which incentivizes literallyevery aspect of its adherents’ lives, ranging from purely spiritual matters to legal and socialrelationships.A. Philanthropy and Charity in IslamIt is important to realize that Islam has a very rich and extensive heritage of civil society,particularly through various philanthropic and charitable institutions. These institutions havebeen a fundamental part of Islam since its very inception. Mosques, universities, museums,libraries and other cultural treasures are the direct result of extensive private philanthropy.Nonstate philanthropy in Islamic society also has funded and otherwise assisted in providingeven more diverse, less well-known -- and often informal -- public services and other benefits tothe poor. These have included soup kitchens, hospitals, public fountains, and even scholarshipfunds and other education schemes. 37 Importantly, Islamic philanthropy traditionally has sought33 Berna Turam, ‘The politics of engagement between Islam and the secular state: ambivalences of “civilsociety”’ (2004) 55(2) The British Journal of Sociology 259, 260.34 Ibid 260.35 Ibid 263-64. Dr. Turam agrees that this area ‘has been left understudied, if not ignored, with regard tocivil society’ -- although she does reference several key works as ‘exceptions’ to her statement.36 An analysis of ‘public’ Islam and other similar religions (such as Catholicism) is outside the scope of thispaper. There is relatively limited scholarship on this issue, but a fascinating discussion is presented in JoseCasanova, ‘Civil Society and Religion: Retrospective Reflections on Catholicism and ProspectiveReflections on Islam’ [Winter 2001] 68(4) Social Research 1041 at 11 July 2005. ProfessorCasanova compares ‘various forms of public civil Islam’ with Catholicism, as a strong force fordemocratization, and further, challenges Samuel Huntington’s thesis that ‘the public mobilization of Islamis unlikely to be conducive to democracy and the emergence of civil society.’37 Jennifer Bremer, ‘Islamic Philanthropy: Reviving Traditional Forms for Building Social Justice’ (Paperpresented at Fifth Annual Conference on ‘Defining and Establishing Justice in Muslim Societies,’ Centerfor the Study of Islam and Democracy, Washington DC, 28-29 May 2004) 5 at 18 June 2005.12