Table Of Content

Islam and Liberal Citizenship 33007700--118855--11ppaassss--FFMM--rr0033..iinndddd ii 1122//33//22000088 99::3344::1111 AAMM 33007700--118855--11ppaassss--FFMM--rr0033..iinndddd iiii 1122//33//22000088 99::3344::1111 AAMM Islam and Liberal Citizenship The Search for an Overlapping Consensus andrew f. march 2009 33007700--118855--11ppaassss--FFMM--rr0033..iinndddd iiiiii 1122//33//22000088 99::3344::1111 AAMM Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offi ces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2009 by Oxford University Press, Inc. Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data March, Andrew F., 1976- Islam and liberal citizenship : the search for an overlapping consensus / Andrew F. March. p. cm. Includes bibliographical references and index. ISBN 978-0-19-533096-0 1. Citizenship (Islamic law). 2. Muslims—Non-Muslim countries. 3. Pluralism—Religious aspects—Islam. 4. Liberalism—Religious aspects—Islam. 5. Citizenship—Europe. 6. Liberalism—Europe. 7. Islam and secularism—Europe. I. Title. KBP2430.M37 2009 340.5'9—dc22 2008026903 9 8 7 6 5 4 3 2 1 Printed in the United States of America on acid-free paper 33007700--118855--11ppaassss--FFMM--rr0033..iinndddd iivv 1122//33//22000088 99::3344::1111 AAMM To my parents. 33007700--118855--11ppaassss--FFMM--rr0033..iinndddd vv 1122//33//22000088 99::3344::1111 AAMM 33007700--118855--11ppaassss--FFMM--rr0033..iinndddd vvii 1122//33//22000088 99::3344::1111 AAMM Acknowledgments My DPhil dissertation advisors, Michael Freeden and Sohail Hashmi, were as supportive and encouraging of the earliest form of this some- what experimental project as could possibly be hoped. Christopher Melchert was exceedingly generous with his time, answering many a banal question, reading overlong chapters, and providing crucial support in my initial efforts to navigate Islamic sources—all beyond the call of duty for an informal, unoffi cial men- tor. Akram Nadvi and Yahya Michot of the Oxford Centre for Islamic Studies (OXCIS) were generous and patient with my many ques- tions and impromptu offi ce visits. Mark Muehlhaeuser of the OXCIS library provided not only much valuable assistance but also enjoyable company on an almost daily basis for nearly two years. David Miller, Elizabeth Frazer, and Tariq Ramadan provided valuable and much needed critical feedback during the various examinations of the thesis on which this book is based. Guy Kahane and Edward Kante- rian provided valuable philosophical perspective and much valued friendship during these years. In addition to the Oxford Centre for Islamic Studies, the staffs of the Bodleian Library (particularly the Radcliffe Camera), the Oxford Oriental Institute Library, and the Institut Français du Proche-Orient (IFPO) Library (Damascus) were supportive and friendly. While writing this book, I was supported generously by the Marshall Aid Commemoration Commission, the Beeston Scholarship of St. John’s College (Oxford), and the Becket Institute at Oxford University. Michigan State University’s James Madison College and Yale University’s Political Science Department have provided excellent support and working conditions for me since 2005. 33007700--118855--11ppaassss--FFMM--rr0033..iinndddd vviiii 1122//33//22000088 99::3344::1111 AAMM viii acknowledgments Between this book’s earliest manifestation as a doctoral dissertation and now, I have benefi ted from discussions with, among numerous others, Mo- hammed Fadel, Sherman Jackson, Steven Kautz, Naz Modirzadeh, Micah Schwartzman, Yasir Qadhi, Jonathan Quong, and the editors and anonymous reviewers of American Political Science Review and Philosophy & Public Affairs . I have also benefi ted from the response and discussion at seminars, confer- ence panels, and invited talks at, in roughly chronological order, the Becket Institute (St. Hugh’s College, Oxford), the Oxford Centre for Islamic Studies, the Second World Congress for Middle Eastern Studies (Amman, Jordan), the Middle East Studies Association (MESA), Michigan State University’s Muslim Studies Program, George Washington University’s Political Science Depart- ment, Middlebury College’s Clifford Symposium, and Harvard University’s Kennedy School of Government. My thanks are also due to the students of both iterations of “Comparative Political Theory: Islam and Liberalism” at Michi- gan State’s James Madison College (spring 2007) and Yale (fall 2007), respec- tively. Matthew Ingalls read almost the entire manuscript (chapters 3 and 5 through 8) and improved it immensely in the areas of Arabic translation and transliteration, English style and clarity, and factual and interpretive accuracy. I am in his debt. Finally, I would like to thank Theo Calderara of Oxford Univer- sity Press for his support and patience, as well as the editorial and production staff both known to me (Meechal Hoffman and Linda Donnelly) and unknown, and the copyeditor, Joy Matkowski. A version of chapter 4 was published previously as “Liberal Citizenship and the Search for an Overlapping Consensus: The Case of Muslim Minori- ties,” Philosophy & Public Affairs , vol. 34, no. 4 (Fall 2006), 373–421. Parts of chapters 1, 5, and 6 were included in “Islamic Foundations for a Social Contract in Non-Muslim Liberal Democracies,” A merican Political Sci- ence Review , Vol. 101, No. 2, May 2007, pp. 235–252. My constant companion, joy, and reason for being for the last decade has been my son, Tamir, who has had a vague awareness of this book’s preparation. That his awareness has been so vague, and the impact of the work involved for this book on him so slight, is due in great measure to his grandparents, to whom goes my immense, but insuffi cient, gratitude. That this book is not better is due to many factors, but the most tangible of them is the fact that it was produced in its substance prior to the advent of my wife, Naz. In the sub- sequent two years, I have been blessed with a glimpse of the conditions of joy, inspiration and intellectual partnership in which all my future endeavors will unfold. It is already diffi cult to recognize what came before. 33007700--118855--11ppaassss--FFMM--rr0033..iinndddd vviiiiii 1122//33//22000088 99::3344::1111 AAMM Contents Introduction: Moral Confl ict, Political Liberalism, and Islamic Ethics, 3 Part I: Justifi catory Comparative Political Theory: The Search for Overlapping Consensus through “Conjecture” , 17 1. Purposes: The Place of Justifi catory Comparative Political Theory, 23 2. Methods: The Ethics of Comparative Ethics , 65 Part II: Islam and Liberal Citizenship: Patterns of Moral Disagreement and Principled Reconciliation , 97 3. Islamic Objections to Citizenship in Non-Muslim Liberal Democracies , 103 4. Identifying Equilibrium: An Ideal-Typical Islamic Doctrine of Citizenship , 135 Part III: Islamic Affi rmations of Liberal Citizenship, 163 5. Residence in a Non-Muslim State , 165 6. Loyalty to a Non-Muslim State , 181 7. Recognition of Non-Muslims and Moral Pluralism , 207 8. Solidarity with Non-Muslims , 237 33007700--118855--11ppaassss--FFMM--rr0033..iinndddd iixx 1122//33//22000088 99::3344::1122 AAMM x contents Conclusion: Tradition and Creativity in Grounding Moral Obligation to Non-Muslims, 259 Notes, 277 Bibliography , 325 Index , 337 33007700--118855--11ppaassss--FFMM--rr0033..iinndddd xx 1122//33//22000088 99::3344::1122 AAMM