Académique Documents
Professionnel Documents
Culture Documents
Gerrit Steunebrink
Radboud Universiteit Nijmegen, the Netherlands
ABSTRACT. In this article we try to show how revolutionary the idea of sov-
ereignty was and is in the Islamic world, preceding all nationalism. Sovereignty
marks the very transition from empire to the central state that the nation state
presupposes. Sovereignty made its entrance in the nineteenth century in the
Ottoman Empire. It functioned in the centralization policy of the sultan, who
needed this central position to realize a top down process of modernization.
This policy took apart the Empire’s traditional system of checks and balances.
Thus, the nation state does not conserve traditional culture, but is the result and
producer of cultural change, in fact, of a process of modernization that involves
language and religion (the marks of the nation state). This does not imply that
all nation states are homogenized by a globalizing process of modernization.
A civil society based on individual freedom and the application of human rights
and democracy makes a real difference in the world of nation states. Those ideas
prevent the return of empire in the disguise of globalization. In Europe, these
liberal ideas mark the limits of sovereignty and preceed the emergence of nation-
alism; in the Ottoman Empire and the Islamic world, sovereignty and national-
ism are used for a top-down process of modernization sometimes at odds with
those liberal ideas. The implementation of these ideas in an specific cultural
context is necessary and is at the same time a guarantee against cultural isomor-
phism.
* Translated by Dr. John Hymers for Ethical Perspectives. This article first appeared in Dutch in
Ethische Perspectieven 17 (2007) 4: 436-468 under the title “Soevereiniteit, nationale staat en de islam.”
ETHICAL PERSPECTIVES: JOURNAL OF THE EUROPEAN ETHICS NETWORK 15, no. 1 (2008): 7-47.
© 2008 by European Centre for Ethics, K.U.Leuven. All rights reserved. doi: 10.2143/EP.15.1.2029556
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traditional culture, but remakes this into a new culture. This creation occurs
within a process of modernization, wherein modern political institutions
expel the old. But through this, the national culture is not simply new. It
certainly rests upon ‘nationalizable’ data – ethnicities – which can be given
a chance in the nation state. Since the modern period, language and reli-
gion have prevailed as the characteristics of a national culture, but they
already played an important role previous to that period. Consequently,
these cultural differences at the global level are not irrelevant embellish-
ments on top of a general modernization process. There is also always a
difference between nation states with and without an individualistic ‘civil
society,’ and with or without a democratic rule of law. Cultural and reli-
gious traditions play a role in the development from one to the other.
We will look at a number of aspects of this issue occurring in the Islamic
world. As a point of departure, we will take the history of the Ottoman
Empire, which covered the entire Mediterranean basin, stretching from the
former Yugoslavia to Morocco, and bordering Iran and Russia in the East.
Sovereignty, or self-legislation, seems truly new here (cf. Ansari 2002, 97;
Platti 1995, 91-108). By adopting the idea of supreme self-legislation, the
transition was also made from a locally organized empire to a central state
serving top-down modernization. The consequence of such was the loss of
a traditional system of checks and balances. And the compensation for this
is the source of the painful quest for a free sphere imposed by a totalization
of Islam or an ideology of modernity, such as in Turkey, as a consequence
of the modern model of the central nation state. The result of this process
cannot be some mere embellishment, because it also stands in service of the
humane mastery of the modernization process raging the whole world over.
The development of the nation state has not only taken place within the
divorce proceedings of an empire. There was also the general transition
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never waged war, but, they did not consider these wars to be wars; rather,
they considered them to be police actions against insurgents at the bor-
ders of the empire. Japan was, just like Korea, still a tributary state of
China, even though it had not paid any tribute for four hundred years. By
declaring war against Japan, China recognized the existence of other states
and thus itself entered into the world of states.
I think that the Islamic distinction between the world of peace and
the world of war, which sometimes causes us to fear, can only be under-
stood as an imperial ideology. The empire of war was simply the ‘evil
world’ outside of the Islamic empire, which must be brought ever more
under the righteous legislation of God. It only functioned in this context.
It never played out on the individual level.
Where empires bump up against each other and must get to know
each other, a world of states emerges, so is it sometimes said, because plu-
rality and equivalence enter into the picture. Yet, these notions did not
really emerge until eighteenth and nineteenth century cosmopolitan think-
ing on the modern state. Internally, empires certainly know more plural-
ism due to their often local organization. But the formation of the nation
state brings an end to this.
In mediaeval Europe, the Carolingian Empire, the Byzantine Empire,
and the Arabic caliphates ran up against one another. In this situation, the
first European international law developed in practice. Thus, here one
could actually talk about equivalent states. But this does not yet mean
that they adopted equal structures, and certainly not that they recognized
each other, or even their own subjects, as ideologically equivalent.
Although by exchanging ambassadors they posited this equivalence in
practice, in ceremonies the non-equivalence was often stressed. The
ambassador presenting himself or the visiting sovereign actually comes
to declare the subservient servitude of the other empires (cf. Ago 1980;
Bakker et al. 1997, 98-100). Ideologically, each emperor remains the only
propagator of law and legislation throughout the entire world! The
Ottoman sultan actually wanted to annex Vienna and Rome. The world
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outside of the empire always remained the world of war. When, in the
nineteenth century, the Ottoman Empire was already long bound hand
and foot to the European states, the help that these offered to the empire
in the Crimean War against Russia was still so unacceptable that the court
ideologues thought that this help must be interpreted as a ‘vassal duty’ (see
the parallel with China) of the heathen nations to the sultan (Diner 1993,
167).3 Only with the development toward central, nation states did this
imperial ideology take a back seat. Accordingly, only in the world of equiv-
alent sovereign states can the idea of a union of states or peoples span-
ning the world emerge with the necessary plurality and equivalence. A
union of ‘empires’ would be nonsense, and just as odd as a conference
of hermits.
Since the nineteenth century, the transition to the modern nation state has
revealed greater reciprocal dependence between the states and stuck the
differing internal political structure with the bill. This usually, at least on
the surface, becomes levelled. Consequently, we find an inclination in the
twentieth century toward ideologically equal treatment via the idea of
human rights.
As we just mentioned concerning Japan and are about to see once
again in the Islamic world, that process has different components. First,
we will look at the Westphalian model in Europe that in fact spread itself
around the world in the nineteenth century. This model is sometimes
called the model of the anarchy of states. But perhaps this relation was
not so anarchic, because these states developed themselves internally in
the same way. All the states, pre-eminently France, were on the way to
becoming centralized. (The new Republic of the Netherlands was the
anomaly until Napoleon.) Therein fit a congruence of internal and exter-
nal sovereignty. Subsequently, something like ‘enlightened despotism’
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developed, the regulation of religion from top down and its required state-
run economy – we think of theories like ‘Colbertism’ or ‘Cameralism.’
The education of bureaucrats becomes important. Rationalization and
modernization belong here, which, together with science and technology,
contribute not only to the striking power of the European war machine,
but also to the economic development of the country, via capitalism and
industrialization. In the nineteenth century, this model of the central state
will serve top-down modernization in the Islamic, and in fact the entire,
world.
But the European central state had indeed experienced the genesis of
a civil society based on individualism and capitalism. Nationalism came
afterwards, when religion as the bond within these individualistic soci-
eties was lost through the wars of religion. The European nation state
has always presupposed the reality of capitalism and liberalism, to which
it is the counterbalance. But what does nationalism serve in the non-West-
ern world? Roughly speaking, it does not offer a counterbalance for
liberalism and capitalism, but is the means for introducing a modern state
with all the trimmings, whereby it often comes into conflict with the
liberality belonging to such (cf. Steunebrink 2004). It is used in service of
a forced modernization from above, even though it makes an appeal to
the rank and file and also works for their education and betterment.
The true novelty for the Islamic world is this autonomous, sovereign
central state. Nationalism comes along in the wake of this state.
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1839, understood he must violently purge the army corps, and subject
the clergy to himself. And through this, something un-Islamic is seen: the
sovereignty of the state as central legislator. This became obvious in the
first large-scale reformation decree of 1839, which announced the launch
of an European education model, a judicial system, equality for all indi-
viduals from every faith community, military obligation, and a new taxa-
tion system. The state took the law completely in its own hands. That is
the clearest indication of the emergence of the idea of sovereignty. At the
same time, this idea is traditionally un-Islamic.
What was the position of Islamic law in the empire? Perhaps we must
first say something about Islamic law as such. The word ‘law’ is here
misleading, if we think about our modern legal system and its laws.
Rather, we must think about the Torah in the Jewish tradition. Islamic
law regulates the proper relation of humanity with God and, in that
connection, the relation among humans is also regulated. The literal
meaning of the word ‘Sharia,’ which raises so much repugnance in us,
is ‘path,’ and more precisely, the path along which the herd is led to
the watering hole. Sharia has little to do with enforceable law. Sharia
contains rituals and moral duties in relation to God, which can never
be enforced by the government. The amount of compelling law as we
understand it is actually very small: everything that has to do with con-
tracts, both in the spheres of commerce and those of marriage and
family. The Sharia as legislation does not fit within the modern distinc-
tion between legality and morality. Precisely because of the unity of
moral and legal duties one could, in an Hegelian manner, rather call it
a form of pre-modern “ethical life,” which is stretched in modernity on
the Procrustean bed of legality and morality.
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The Sharia and the legislative authority of the sovereign, called the ‘kanun’
in the Ottoman Empire, bounded each other. Sharia and the emperor
recognized the applicable unwritten law of a society. In this system, there
was no central Islamic legislation from the state – even though the sov-
ereign had to protect Islamic law. This legislative competence lay with
the class of the scribes. Consequently, Islamic law is essentially non-cod-
ified jurisprudence law. That was also difficult to tolerate with central leg-
islation. Jurisprudence here does not mean that past sentences determine
the present sentence; jurisprudence here means that all deliberations that
a judge has given in a verdict are passed on and are also pondered in sub-
sequent verdicts, which thus can work out differently. This does not fit
at all with the equality before the law that follows from the principle of
sovereignty, whereby everyone is equally subjected to the law of the high-
est legislator.
The Ottoman Empire strongly engaged the organization of Islam,
hierarchicalized according to the example of the Orthodox Church, but
the character of the counterbalance still remained. An “Islamic Chief,”
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appointed by the sultan, came to the court, who decided on Islamic char-
acter, or lack of the same, of the sultan’s legislation. He was the only
figure to whom the sultan bowed. He could, on the basis of community
dissatisfaction, decide on the life and death of the sultan.
A researcher such as ≤erif Mardin is inclined to consider this position
of the scribes as the Islamic variation of a ‘civil society,’ a state-free sphere.
This would bring us close to the position of the Church in the Middle
Ages, which stands at the source of European civil society. I think that
goes too far, because the Church was an independent institution, and
organized itself. Therefore, an investiture controversy, essential for the
sovereignty question, can also emerge, wherein the most Christian
emperor was eventually secularized into a profane king with sovereignty
in his profane domain. For its organization, the Islamic world remains
much more independent from politics.
In combination with other powers, the independent position of the
scholarly class indeed contributes to a proper system of checks and bal-
ances. Once again, ≤erif Mardin calls this system a “tacit social contract”
(1988).4 The term points to John Locke, for whom it functioned as a
solution for aporias of the social contract theory. Mardin, who seeks to dis-
cover Islamic parallels in service of modernization, uses the term to indi-
cate that the Islamic world recognizes its own form of social contract.
Because we are concerned here with a practice and not a theory, whose
interpretation of actual social processes is always an open question, the
parallel does not seem right. The social contract is, in the world of Islamic
reform, a magic spell for modernization on its own basis. But the obser-
vation of this social practice indeed remains relevant (cf. Stremmelaar
2007, 178), precisely because this reveals that an independent system of
checks and balances existed that disappeared with the centralization at
the hands of a modern ‘sovereign,’ and thus for which an alternative must
be found that still does not really exist.
The function of the ‘tacit social contract,’ formed by the clergy, the
bazaar, and the traditional army corps (the Janizary), consisted in the
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But the sultan could not to be compared with modern European sover-
eigns – not only because of the position of the clergy, but also because
of the position of the Jewish and Christian groups within the Muslim
empire. The Ottoman Empire was Islamic by definition. Still, large, specif-
ically Christian ‘majorities’ lived there. I deliberately say ‘majorities,’
because the term ‘minorities’ is not adequate here. Whole sections of the
empire were simply Christian – not only in the Balkans, but also in the
Middle East itself. When the Islamic world spread itself over the Middle
East, the large Christian communities were left intact for a mix of funda-
mental and pragmatic reasons. The fundamental reasons proceeded from
what the Koran said about ‘people of the Book,’ the Jews and the Chris-
tians. They, as religiously related peoples, had a right to be treated differ-
ently. They were ‘people of the pact.’ With them, arrangements could be
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made such that they, in recognizing the superiority of Islam, could live
according to their own rules. As a token of recognition, they must indeed
pay extra tax. The pragmatic grounds were that it was too dangerous for
the stability of the empire to suppress these large communities. From the
separate status of the Christian communities, the so-called ‘millet’ system
of the Ottoman Empire developed (cf. Bakker et al. 1997, 131 ff.).
A ‘millet’ was a religious group that, under the direction of a spiritual
head, could live according to its own law. That right particularly con-
cerned marriage and family law and inheritance. The spiritual leader thus
functioned as a profane leader. Penal law was reserved for the empire, but
in some case the millets also had the competence to practice penal law.
But the advantage of this system of group rights, based on group auton-
omy, also had the disadvantage of second-class citizenship and rights
inequality. Naturally, Christians could not hold official offices, may not
(did not have to) go into service, and were bound to extensive regulations
concerning dress and church buildings, wherein their subjection to Islam
was expressed. Moreover, the word of a Christian over that of a Muslim
was of no value in a court of law. Christian witnesses were not heard, or
had to be double in number in comparison to Muslim witnesses. This
was – quite understandably – the largest complaint of Christians against
the system. From this rose up notions of equal rights within the empire.
When the European powers asked the sultan for equal rights for
Christians, they asked for something totally against the Islamic order of
the empire and about which the sultan could not simply decide. One
could possibly say that the European sovereigns, in their demands, made
him into a sovereign in the Western sense. As the ultimate executives,
they were opposite one another. After the French Revolution, the idea of
the sovereignty of the people reigned, within which everyone as an indi-
vidual had equal rights. Also in England, which had not experienced the
French Revolution, equal rights were slowly being granted to Catholics.
These developments within the religious group-rights system ulti-
mately seemed to be the bomb under the entire empire.
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but also not really European. They had read and translated Locke,
Rousseau, Fénélon, and the like, and they tried to implement these mod-
ern European political ideas on an Islamic basis. At the same time, the
whole cultural world of Western literature, the great French novels, art,
and music had come onto the scene. The result of the will to political
reform was an attempt to form a constitutional monarchy with a consti-
tution. This constitution was something once again new for Islam, even
if it had an Islamic form, because it presupposed the idea of popular sov-
ereignty and, with this, autonomy.
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With the empire in search of a new substrate, we meet up with the most
bloody side of the transition from a traditional, Islamic empire to a mod-
ern, central nation state. Namely, this transition quite fundamentally
affected the other pillar of the traditional Islamic Ottoman Empire: the
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citizens of these foreign nations (Zürcher, 1995, 56). The trade and tax
benefits that came along with this ensured that they could become pow-
erfully rich. They did not fall under the Islamic limitations and scorn for
capitalistic finance. Thus, a bourgeois class arose among them, but this
was religiously and ethnically determined. One sometimes speaks here of
an ‘ethnic division of labour’ in the empire. This class was by definition
not a new supporting class for the entirety of the empire or for a new
modern state. In search of influence, the Western powers competitively
appointed themselves as protectors of Christians: France of the Catholics
and thus Russia of the Orthodox.
The help that the Western powers offered the Empire during the war
certainly had to be repaid. Thus, on the one hand, reform measures were
forced through in the direction of a modern state, which, on the other
hand, as soon as they had been realized, were not immediately trusted. As
well, trade freedoms were extracted. England forced the opening of the
market for its modern industrial products, which flooded the empire after
the end of the Crimean War in 1856. Because the empire had no experi-
ence with development in the direction of capitalism, and secondarily,
because of the flood of modern industrial products, the empire was slowly
reduced to a market for European products and to provider of raw mate-
rials, whereby the local manual labourers got the short end of the stick
(Matuz 1990, 207 and 230 ff.).7 At the same time, the new phenomenon
of Catholic and Protestant missionary work emerged. Muslims had no
experience of this because the Eastern Orthodox churches – partially due
to their ethnification – were not missionary. Via the support of the Chris-
tian communities, the great powers could destabilize the empire. Russia,
via the Armenians, tried to destabilize the empire, just as, for that mat-
ter, the empire tried to destabilize Russia via Islamic communities.
The first attempt to construct a new identity for the empire in this
unstable situation is Ottomanism. The Young Ottomans tried to form
the structure of the Ottoman Empire, with its system of group autonomy,
into the core of a collective consciousness. With this, the thought of the
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nation state actually enters onto the scene, because the traditional empire
did not rest upon a collective consciousness. The relation between non-
Islamic groups and the empire was actually contractual: these groups
counted as ‘people of the pact.’ Within the Islamic framework, they could
live under their own rules in the empire. The foundation was Islamic and
contractual and presupposed precisely no shared communal consciousness
on the grounds of which everyone could say: “we are all Ottomans!” This
“Ottomanism” was thus no longer Ottoman! The transition to this col-
lective consciousness is the transition of the empire, via the central state,
into the nation state. But this attempt necessarily had to fail, because it
presupposed that the Christians would also be satisfied with this system.
They tried to convince them – in vain, of course – that this system was
also in their best interests. In this connection, the defence arose in oppo-
sition to Western pressure that the system of group autonomy was actu-
ally the Ottoman-Islamic form of tolerance: a thought that always remains
fresh in the Islamic world, and also in modern Turkey.
After Ottomanism, pan-Islamism followed, but this variant in prin-
ciple went beyond the borders of the empire. Interesting here is indeed
that this and also other variants of pan-Islamism emerged not during the
period of the Islamic empires, but in the period of state formation. After
the Mediaeval caliphate of Baghdad, there were always several Islamic
empires, such as the Ottoman Empire, the Persian Empire, the Indian
Mogul Empire, the Central Asian Empires. In all these empires, the sul-
tan was in fact naturally the leader, the caliph, of all believers, but one did
not look beyond the empire. The sultan of Istanbul was not the leader of
all Muslims the whole world round (Lewis 2002, 124 and 324). Only in
the period of the formation of an international state world in the nine-
teenth century could the sultan present himself as such and thereby
receive the support of others, in particular, the Indian Muslims, because
he was the only Islamic head of state then not under a Western colonial
authority. Rather than a theory of state, pan-Islamism is perhaps, just as
the then equally popular pan-Turkism that wanted to unite Turkey with
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now go over a number of points, from which the essential changes in the
Islamic world will come to the fore.
From the first half of the nineteenth century until the First World War,
first and foremost the Christian Balkan states, and the Islamic Balkan state
of Albania in their wake, splintered themselves off. Although Arabic nation-
alism originated in the nineteenth century and the Ottoman Empire ruled
almost the entire Arabic world, absolutely no Arabic nation state originated
as a direct splinter from the empire. France’s and England’s lordship over
the Middle East was there the source of modern Islamic states. Tunisia and
Egypt presented themselves in the nineteenth century as quite independ-
ent from the Ottoman Empire, but fell prey to British and French colonial-
ism. In 1830, France had already taken Algeria from the Ottomans. These
lands carried out an independence struggle against the French and English.
The Arab states in the Middle East are all constructions of France and Eng-
land, which, in an act of unprecedented imperialism that divided the Mid-
dle East up among themselves after the fall of the Ottoman Empire dur-
ing the First World War.8 In resistance to this imperialism, through its own
efforts Turkey rose from the ashes of the Ottoman Empire as the only, and
at the same time new, nation, after a bloody war against the Greeks incited
but not supported by the Allies. The claims of the Kurds, and previously
those of the Armenians, were lost in the new peace treaty of Lausanne in
1923. Turkey is the only nation that functioned as a strictly secular state,
wherein Islamic law had completely disappeared from the judicial system.
The Arab world was promised independence by the Allies. They had
received the cooperation of the Hashemite royal house in the Arabian
Peninsula, which protected the holy cities of Mecca and Medina. But a com-
pletely unexpected reward for this cooperation was the foundation of the
state of Israel. That land was given away twice by the English. Once to the
Arabians, and once to the Jews. The patron of Mecca could not count on
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Iran is again something different. Here the supreme leader can even
suspend Sharia. And from this emerges, perhaps unexpectedly, the victory
of the concept of modern sovereignty.
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also remove Islam as the basis of the republic in the same manner. Cor-
rective bodies were introduced to avert that danger.
This same danger was also felt in the Netherlands in the nineteenth
century (see Groen van Prinsterer), but it was solved in a somewhat dif-
ferent manner. The Netherlands chose a mixed system of appointed and
elected officials, guided by the fundamental ideology that the principle of
popular sovereignty, with its elected authorities, must be corrected top
down by officials named by the grace of God’s reigning sovereign. Until
the Second World War, the idea of popular sovereignty was not self-evi-
dent in Europe. The Catholic thinker Jacques Maritain, who achieved
immortal honour by making the modern state and human rights accept-
able to Catholics on Thomistic principles, literally hated the concept of
sovereignty in all of its political variations. Only God is sovereign: thus
he says almost as a true Muslim. And as the Catholic he really is, he adds:
in the Church the pope (Maritain 1998).13
The realization of the primacy of the political is irreversible. The state
holds on to the primacy of legislation. Fundamentalists also hold on to
this fast in the spread of Sharia. They do not plead for a return to the old
dual system. The politicization of Islam, or the Islamization of politics, are
fought over, but always within the primacy of the political as legislator.
The problem of the dispensability of a rule of law through popular
sovereignty will naturally always exist, not only in Islamic states, but also
in states founded upon human rights. Popular sovereignty can nullify its
own principles.
Through the introduction of the modern sovereign, the nation state thus
essentially changes something in Islamic world. By scrapping Sharia as an
independent institution, an end comes to a traditional system of checks
and balances that can limit sovereignty. The principle of sovereignty pro-
voked the idea of the Pakistani reform theoretician Maududi that Sharia
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must stand as the source of all law, with no human additions. The West-
ern principle of sovereignty gives Sharia the chance to become total,
because there is no longer a counterweight. This totalization of Islam in
an authoritarian state calls up the counterforce of the question concern-
ing a state- and Islam-free space (cf. de Smet and van Reeth 2001, 25).
Now, these problems of an authoritarian state in the Islamic world are not
at all always Islamic problems. The state is also often authoritarian because
its legitimacy is weak within boundaries artificially drawn by colonial pow-
ers. Accordingly, a nationalistic ideology of modernity was enforced from
above in secular Turkey. In all these contexts, the call for a ‘civil society’
as the limit to state power arises. Muslims too can call for this in certain
authoritarian states; they can ally with secularists.
As we have seen, there were also traditional limits to power imposed
in the empire by the class of scribes, or through semi-autonomous groups
like Christian ‘millets’ or tribal cultures. Thus, there have always been
‘communal’ limits to power. If projecting backwards we speak about this
as a ‘civil society,’ then it is clear that this does not have to be conceived
as individualistic-pluralistic per se. That is something specifically modern.
The discussions concerning the conditions for a ‘civil society’ in the
Islamic world are thereby entangled with the discussion concerning the
Western or non-Western character of its individualistic form and the pos-
sibility of their own form (Çaglar 2000, 403 ff.). In the Middle East, the
question still plays a role in the rights of Christians. But the individualis-
tic form of this sphere, also where groups are concerned, is essentially for
the relation with the democratic rule of law, just like the independent
organization of religion within it.
However much free association in civil society increases in the
Islamic world, this world is certainly not following the path that the
West has initiated: the way of absolute sovereignty toward a pluralistic
and yet individualistic civil society bounded by human rights, with an
accompanying political society (Brumberg 2003, 43). Islam itself is not
suited to independent organization, to an ecclesiastical form within a
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civil society. An Islamic party that put itself forward as a type of Chris-
tian democratic party has only occurred in secular Turkey, where for
that matter Islam itself is directed by the state.14 The modern civil soci-
ety must acquire a place within the nation state, while in the West
nationalism emerges after the liberal rule of law and civil society have
established themselves.
This classic distinction, which was still fresh in the period of the Ottoman
Empire, no longer works. For the Ottoman Empire, the Western world
was always a world yet to conquer. Vienna and Rome were to be next
after Istanbul in establishing the empire of Islam. Presently, the Islamic
nation state is simply a state among states and it relates itself to non-
Islamic states as to Islamic states. As well, it is now possible to live an
Islamic life in non-Islamic states. In certain cases, Sharia is now being
demanded as an Islamic group right within non-Islamic states, for instance
in Canada. Western democracy calls up possibilities here of which Sharia
had never dreamt. For fear of peer pressure, Canada did not accept this
solution. Secular Turkey also did not, where the fear of an independent
Islam within civil society played a role. In totally different contexts, the
traditional distinction is material for reinterpretation by fundamentalists
and jihadists. They testify to the institutional splintering of Islam. The
following also certainly testifies to this.
I do not exaggerate when I say that Sharia, as a system, had its day in its
classic form by the emergence of the modern state and the principle of
sovereignty. Islamologists say that government reformation has influenced
Islamic law itself and thereby has changed its thousand-year-old structure
(cf. Motzki 1997, 257).
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That Sharia actually offers space for this is clear from the experience
of many Muslim immigrants that one can actually be a very good Mus-
lim in Europe, because one can easily carry out one’s basic duties. This
experience – deepened at the theoretical level by interpretations of those
such as Tariq Ramadan, are very important not only for Europe but also
for the modernization in the lands from which Islam sprung.
It seems thus the adoption of the nation state, together with moderniza-
tion, has mixed up the Islamic structure of the Middle East, so that one
must ask oneself what has been won with this adoption and why it could
press ahead. No culture seems left over to be preserved in a nation state.
But when we pose the question in this manner, then we act as if tradi-
tional culture was already simply the national culture, which subsequently
must stay preserved in the form of the nation state. But national culture
as such naturally did not exist in the empire. Indeed, an imperial culture
was lost, but along with this not yet Islam and all traditional culture.
Nationalism is indeed a new cultural form, but with selective roots in the
tradition, such that Islam can return in it. Further, the empire knew eth-
nic differences, which could work as ‘primordials’ in a national culture (cf.
Gevers 1995, 15; Smith 1998, 158 ff.).
Let us first look at the Ottoman Empire. The Ottoman culture was
a mixed form of Arabic, Byzantine, and Persian elements, wherein the
typically Turkish was no badge of honour – it was considered boorish
and primitive. For insofar as ‘Turk’ or ‘Turkish’ was used positively,
they meant nothing different than Ottoman. This name was derived
from the name of the ruling dynasty. A slight inferiority complex ruled
among the Ottomans. Their faith came from the Arabs, and their art and
philosophy from the Persians. “What have we Ottomans added to this?”
ran the question. “Law and legislation, the good organization of a great
empire!” was the answer. On the other hand, the Arabs wondered:
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“What have these Turks brought to us?” Their answer ran: “Whores
and bathhouses, and nothing more!” More interesting than the answers
are the questions, because these show that nationalizable ‘ethnicity’
within the Islamic world and the empire played a large role. Feisal, the
first king of Syria and later Iraq (1923), managed to say: “We are Arabs
before we are Muslims and Mohammad was an Arab before he was a
prophet” (Ansari 2002, 105). That Iran had already early chosen the Shi-
ite variant of Islam also had to do with a nationally inspired compulsion
for differentiation.
The unexpected foundation of the state of Israel unsurprisingly
touched a nerve in the relation between Islam and Arab nationalism. Too
little known is that many Arabs have a religiously motivated guilt com-
plex about this. “For contrary to all Islamic commandments, we Muslims
have conspired with a heathen sovereign against a legitimate Islamic head
of state during the First World War.” Thus, the following question is
obvious: “Is the foundation of the state of Israel thus not God’s justified
punishment?” You still cannot take up this problem aloud in the Middle
East. Naturally, the Turks cannot fail to bring this up coyly when the
Palestinian problem comes up. But their secularism was, until recently, a
reason for the contempt of the Arab Muslims. This guilt complex well dis-
plays the traumatic transition from a traditional empire to a nation within
an international context.
During the nineteenth century, the Turks more and more fell under
the spell of the de-Arabization of their culture. The Ottoman language was
a Turkish that was written with Arabic letters, contained Arabic and Per-
sian words, and interlarded with Persian constructions, even though Turk-
ish is not linguistically related to Arabic or Persian. Ottoman was the
expression of a court culture and had perfectly alienated itself from the
people, who consequently could not read or write. When Turkish was
excavated from Ottoman and even written in the Latin alphabet, this peo-
ple was given a chance with their own language; their culture was eman-
cipated and received the recognition it deserved.
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Thus, nationalism does not conserve an old culture, but transforms this.
What is lost is the political culture of an ‘empire’ rather than the pre-
existing national culture. It is often said that nationalism in the Islamic
world is something new, because it replaces the religious legitimacy of the
political order with a secular legitimacy. In so doing, it would spark a cri-
sis. What actually is new here is the idea of (popular) sovereignty and its
accompanying centralism. That the nation state was able to persist wit-
nesses to the acceptance of language, culture, and ethnicity not primarily
as a secular but as an inevitably contingent factor in state formation, just
as contingent as the territory with its sometimes arbitrarily drawn borders
and the population as a community with a shared fate. This contingent
factor, often already implicitly present under the ordo islamica of the locally
organized empire, explicitly emerges as the point of departure of a cen-
tral, nation state, precisely because this contingency, certainly in countries
conscious of a great past like Egypt, Iran, and Turkey, can be positively
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forged into unicity. That ‘nation’ is non-Islamic rather than un- or anti-
Islamic, and therefore capable of Islamification. In Turkey, you find a
broad scale from anti-Islamic nationalism to an Islamic-nationalistic syn-
thesis. So as still to make the best of the contingency, the Pakistani thinker
Maududi, who initially opposed the independent Pakistan because a nation
state was a secular concept, indeed subsequently conceived Pakistan as an
Islamic state that is the point of departure of a future world-wide Mus-
lim empire (cf. Platti 1995, 96 ff.; Waardenburg 1994, 275 and 321 ff.; van
Kongingsveld 1993, 128-131).
This nation state is naturally also secular, because it must join together
different contingent factualities with each other. Thus Arab nationalism
originally tried to unite Christians and Muslims via the Arabic language.
This nation-state formation is modern, since the Islamic nationalistic
reformers of the nineteenth century did not come from the class of
Islamic scholars, but largely from the already modernized educational sys-
tem. They are modern intellectuals: poets, thinkers, and journalists who
made use of modern media like newspapers and new literary forms such
as the novel. It was precisely the novel, which had already emerged in the
nineteenth century in the Ottoman Empire, that made it possible for them
to formulate their own national vicissitudes and at the same time to com-
municate in an international world.16 The self-distinction occurred in front
of an international forum. With this also belongs the rearing of the entire
population through modern education that must train people to be con-
scious bearers of the state.
In the nation state, the transition is consciously made from the
particular to universality. In principle, law always says universality. Law
tailored purely to one’s own particularity does not exist (cf. Radbruch
2003, 181). And law that declares certain people as Untermenschen or infe-
rior thereby perversely confirms precisely its universality for all people.
Differently than the empire, which immediately declares its law as univer-
sal and thus recognizes no outside world, the nation state posits a con-
tingent point of departure, a given community brought together by chance
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NOTES
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