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Papers by Aziz Patel

Bibliography: leaves 82-86.The Islamist/fundamentalist movements of the twentieth century, such a... more Bibliography: leaves 82-86.The Islamist/fundamentalist movements of the twentieth century, such as the Jama' ate Islami of Pakistan, the Ikhwan al Muslimin of Egypt, and the FIS of Algeria, have committed themselves to the ideal of attaining an 'Islamic state'. In their quest for the realization of this objective, they envisage a total mobilization of Muslim societies in accordance with "the Islamic shari'a law" under a universal state. The main architects of this ideal of Islamic state in recent times have been Sayyid Abu al-A'la Mawdudi and Sayyid Qutb. This thesis is an attempt to appraise these Islamist theories of statehood and governance in the light of traditional juristic theories of governance as well as modern and postmodern forms of democratic political formations. In this thesis I assert that the contemporary Islamist political blueprint, like traditional Muslim political philosophy is geared towards the establishment of Gemeinschaft (commun...

In the aftermath of the Arab uprisings of 2011 in the MENA region, the predominance of Islamist f... more In the aftermath of the Arab uprisings of 2011 in the MENA region, the predominance of Islamist formations has surprised many political analysts. The perplexing question facing political analysts is, how has it come about that considerable percentages of the populations of this region-despite having been hitherto traumatized and oppressed for decades, by tyrannical dictators-have not used the opportunities they themselves created by the unseating of former dictators such as Hosni Mubarak of Egypt, and Ben Ali of Tunisia, to usher in new dispensations 2 based on political liberalism as applied in other established, as well as emerging democracies of the world.

The major question that incessantly arises in debates regarding democratization of the Arab world... more The major question that incessantly arises in debates regarding democratization of the Arab world in particular, and the Muslim world in general, remain mired in the question of "why has liberal democracy failed to become embedded in the political culture of the MENA region." This is despite the fact that liberal democracy has been successfully entrenched in other previously non-democratic regions of the world. Among the various attempts at explaining this bewildering phenomenon, is the common explanation that Islamic religious and theological constraints are fundamentally responsible for the failure of democracy taking root in the MENA region. On the other hand, most post-modern scholars attribute this apparent repudiation of democracy by Islamic societies, to very material, that is, socio-economic factors wrought upon Muslim society since the advent of the colonialist project. In this article, I wish to explore both sides of this highly contentious, as well as highly complex argument.

… the process of Arab liberalization is 'one where progress is followed by retrogression, that is... more … the process of Arab liberalization is 'one where progress is followed by retrogression, that is, reversal or partial reversal of earlier democratic gains'. Hence Arab democratic development is not linear. It remains subject to the vicissitudes of Arab domestic politics, to the rulers' whims, and, accordingly, to either retrogression or total retraction. The progressive, retrogressive, and retractive patterns characterizing Arab liberalizations are interpreted here by using the Khaldunian notion of attack/hit (karr) and withdrawal/run (farr). 1

"The Islamist movements of the current age such as the Ikhwan al-Muslimin of Egypt and the "funda... more "The Islamist movements of the current age such as the Ikhwan al-Muslimin of Egypt and the "fundamentalist" movement of Algeria, (the FIS) for example, adhere to a popularly held belief that Allah is the ultimate sovereign and law-giver. It is further believed that the ruler is merely God's representative on earth, with the `ulama being the true repositories of divine knowledge as willed by God. Hence, the legitimacy of a parliamentary body in modern democratic systems as a bonafide law-making body is considered by these movements as being unacceptable according to Islamic political philosophy, as they understand it. It is supposed that the interpretations and decrees (fatawa) of the religious scholars are of a sacred nature, and entirely god-given. With regards to the decisions and judgements of non-`ulama, be they economists, politicians, specialists in law, medicine, or human behaviour, not to mention environmentalists, it is thought that they are ungodly, and religiously speaking, illegitimate.

However, if one looks at the realities on the ground, then one finds that the Muslim countries of the post-colonial era have all evolved legislative bodies to deal with the need for a continuous process of law-making.

It is the task of this thesis to analyze the Islamist objections to the role of humans in exercising their sovereignty as law-makers, through the use of reason, pragmatism and utility, underpinned by the underlying value of, `considering the best interests of the people'. It is also a contention of this thesis that the fundamentalist concept of an Islamic state in contemporary times will have to adjust to the major political trends unfolding in the modern world, trends such as pluralism, multi-party democracy, tolerance of political as well as social, cultural and legal diversity.

It is intended to explore the real motivations behind the Islamist appeal to the sole sovereignty of Almighty Allah, and the exclusive role of the "shari`a" as the regulator of social norms. Is it an authentic depiction of "the one and only political philosophy of Islam," or is it rather just another alternate interpretation and representation of Islam--among many other competing claims of valid interpretations and representations--that has newly emerged as a recent phenomenon, and as a `modern' response to the very challenge of modernity and modernization.
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Conference Presentations by Aziz Patel

Since the advent of the Coronavirus pandemic almost two years ago, the Muslim community, like oth... more Since the advent of the Coronavirus pandemic almost two years ago, the Muslim community, like other faith communities, has witnessed its fair share of vehemently acrimonious debates between certain sections of the Muslim clergy in South Africa. Unfortunately, the broader Muslim public was left in a state of confusion about how to respond to governmental restrictions during the subsequent lockdowns, which limited access to public prayer facilities, whether or not to immunize, and whether or not the virus even existed in the first place. Not unlike other communities, the ensuing debates saw a burgeoning of conspiracy theories, ruptures within families, and even charges of unbelief being hurled at those religious scholars and theologians who cooperated with the state and medical experts, in their attempts to thwart the spread of the virus. The emergence of the pandemic saw a resurfacing of the long-standing conflict between faith/belief/religion and modern medical science. In this paper, I intend to analyze both sides of the debate, as argued by two muftis * in South Africa both originating from the Deobandi school of thought, who hold divergent views in their respective fatāwā (singular: fatwā, meaning, juristic opinions). I also explain how literalist approaches to, and invoking of selective religious texts has been the mainstay of the science-denying segment of the ʿulamā' (religious scholars/leaders/functionaries). Furthermore, I argue against the prevailing literalist trend that has taken root among the ʿulamā', and the negative effects of its concomitant fatalistic thinking. Finally, I propose a return to rationality, and trust in modern science, in order to guide religious communities in times of crises. * Muslim ethico/legal experts who are entrusted to give rulings on religious matters. The one is Mufti Siraj Desai from Gqeberha (previously Port Elizabeth), and the other is Mufti Ebrahim Desai of "Darul Iftaa Mahmudiyyah" from Sherwood, Durban.