ABSTRACT

This chapter develops a theoretical perspective that can be a useful normative framework for identifying the role of religion in public political discourse and discusses its impact on the making of law in Muslim contexts. One of the key sources of comprehensive doctrines is religion. Indeed, it is religious doctrines that John Rawls has in mind when he talks about comprehensive doctrines. While for analytical purposes religious comprehensive doctrines may be treated in the same manner as other comprehensive doctrines, the discussion later will focus on religious convictions and differences for two reasons; firstly, because to talk about Muslim contexts is to talk of contexts defined in religious terms and secondly, because of a religious heritage. Rawls' framework is premised on ascribing to people two moral powers: first, a capacity for a sense of justice, and, second, a capacity for a conception of the good.