Abstract

This study aimed to assess the term ‘civil state‘ by considering its origin, concept, as well as its most important principles. The focus was also to see the term’s consistency or inconsistency with the religion of Islam, or «whether the state in Islam is civil or religious». The study used the inductive descriptive method through tracking some Islamic evidence and contemporary jurisprudence opinions in this regard. The study pointed out that Islam started the notion of civil state long time ago before the Western civilization by calling for most of the essence of such principles called for by the West , although sometimes these principles are loosely used by the West. Also, sometimes western principles are not practiced in reality. However, most of them do not contradict the purposes of Islamic law if not called for by the Islam itself. In addition, Islam does not stop Muslims from benefiting from the civilization and cultural experiences of others, as long as that is in compliance with Islamic laws, and is intended to achieve the interests and progress of society. It is also possible to apply such experiences in our Islamic countries under the Islamic laws instead of indulging in a vicious circle of different ideological and sectarian conflicts that imposed heavy losses to the nation. The study concluded that there is no religious state «theocracy» of the Western meaning in Islam. The concept of ‘state’ in Islam is civil in terms of authority, religious in terms of legislation; or it is civil with religious reference. The study also indicated some obstacles and difficulties that hinder the application of such systems in our Arab and Islamic countries. Keywords: Civil state, Civil state in Islam, Islam’s view of civil state.

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