ABSTRACT

It is now widely agreed that comparative studies of Islamic and Western traditions on citizenship may help to bridge the differences between us. However, some key concepts need to be clarified before a fruitful dialogue can start. my discussion in this chapter is from the perspective of the Sunni tradition, and I draw on the chief judge and influential figure of the late Abbasid dynasty, al-mawardi, in particular for my exposition. The substance of my argument is that the four classical sources of Islamic law, namely the prophetic traditions (the Qur’an, the Sunnah), consensus (ljma’), and analogical reasoning (qiyas) provide indications from which an Islamic account of citizenship can be constructed. Apart from traditional materials pertaining to membership of a community, however, critical use can also be made of positive regulative frameworks clarifying the relationship between citizenship and the state.