Sunday, May 11, 2025

The Ideal Islamic State vs. Secular States: A Clear Contrast

Divine Law vs. Human Law — What Sets Them Apart?


Introduction: Two Competing Visions of Society

Imagine two radically different societies. In one, every aspect of life — from the way you dress to the way you speak, from the laws you follow to the way you pray — is governed by divine commandments. In the other, human reason, democratic principles, and individual freedom are the foundation of society.

These are the two worlds of the Ideal Islamic State and the Secular State. For centuries, these two models have represented competing visions of how society should be organized. One sees morality and law as inseparable, derived from God’s will. The other sees morality and law as human creations, based on reason, debate, and the will of the people.

This post provides a detailed, side-by-side comparison of the Ideal Islamic State — as defined by Sharia law — and the Secular State, with a focus on governance, law, human rights, and personal freedom.


1. The Foundation of Authority: Divine Law vs. Human Law

AspectIdeal Islamic StateSecular State
Source of LawSharia law — derived from the Quran, Hadith, Ijma, QiyasHuman law — created by elected representatives and courts
SovereigntyBelongs to Allah alone (Quran 12:40)Belongs to the people — democracy and popular sovereignty
LeadershipA Caliph (Islamic ruler) chosen by scholars (Shura)Presidents, Prime Ministers, or Monarchs chosen by the people
Religious AuthorityReligious scholars (Ulama) interpret and enforce ShariaNo religious authority — separation of church and state
Legal SystemSharia courts with Qadis (Islamic judges)Secular courts with judges trained in civil and criminal law
Freedom of DissentDissent against the Caliph can be considered rebellionFreedom of speech and peaceful protest are protected rights

2. Law and Justice: Sharia Law vs. Secular Law

AspectIdeal Islamic StateSecular State
Criminal LawHudud punishments (stoning, amputation, flogging)Proportional punishment — prison, fines, community service
Apostasy (Leaving the Faith)Punishable by death (Hadith: Sahih Bukhari 6922)Freedom of religion — no penalty for changing beliefs
BlasphemyPunishable by death or severe punishmentFree speech protected — criticism of religion is allowed
Testimony in CourtTestimony of two women equals one man (Quran 2:282)Equal testimony for all, regardless of gender or religion
Rights of Non-MuslimsLimited — can live as Dhimmis (protected people) but with restrictionsEqual rights for all citizens, regardless of religion
Religious CrimesDrinking alcohol, adultery, theft — punished severelyNo religious crimes — only secular crimes (theft, assault, etc.)

3. Personal Freedom: Morality Policing vs. Individual Choice

AspectIdeal Islamic StateSecular State
Freedom of DressModesty enforced — women wear hijab/niqab, men maintain beardsFreedom of dress — individuals choose their own clothing
Gender SegregationEnforced in public spaces (schools, workplaces, transport)Gender integration in all public spaces
Public BehaviorMoral police (Hisbah) enforce Sharia complianceNo moral policing — behavior regulated by secular law
Privacy and Free SpeechLimited — criticism of religion is not toleratedFull freedom of speech, including criticism of religion
Religious FreedomNon-Muslims can practice but face restrictionsFull religious freedom for all faiths and no faith

4. Family Law: Religious Authority vs. Secular Equality

AspectIdeal Islamic StateSecular State
MarriageReligious contract (Nikah) governed by ShariaCivil marriage — based on mutual consent
PolygamyAllowed — men may marry up to four wives (Quran 4:3)Polygamy generally prohibited — one spouse at a time
DivorceMen can divorce through Talaq (verbal)Divorce through courts — equal rights for men and women
InheritanceMale heirs receive twice the share of female heirs (Quran 4:11)Equal inheritance rights for all children
Child CustodyFathers have preference once children reach a certain ageCustody decisions based on the best interests of the child

5. Economic System: Halal Economy vs. Secular Free Market

AspectIdeal Islamic StateSecular State
Interest (Riba)Forbidden — all financial transactions must be interest-freeInterest is legal — loans, mortgages, and savings accrue interest
Business EthicsHalal trade only — no alcohol, pork, gamblingFree trade — all legal products can be traded
Zakat (Charity Tax)Mandatory — 2.5% of savings for the poorVoluntary charity — state taxes fund social welfare
Financial SystemIslamic finance — profit-sharing, risk-sharingConventional finance — banks, stock markets, insurance
Employment RightsGender roles based on Sharia — men as providersEqual employment rights for men and women

6. Education: Religious Doctrine vs. Secular Knowledge

AspectIdeal Islamic StateSecular State
CurriculumQuranic studies, Islamic theology, Sharia lawScience, humanities, arts, critical thinking
Religious EducationMandatory for all studentsOptional — parents choose religious education
Academic FreedomLimited — ideas contrary to Islam may be prohibitedFull academic freedom — critical thinking encouraged
Gender SegregationSeparate schools for boys and girlsCo-educational schools
Language of InstructionArabic (for Quranic studies)Native language (English, Māori)

Conclusion: Divine Law vs. Human Law — Which Is Better?

The Ideal Islamic State and the Secular State offer two completely different visions of society. One is built on the belief that morality and law are inseparable, derived from God’s commandments. The other is based on the idea that human beings, through reason and debate, can create just laws and protect individual freedom.

For Muslims who dream of a pure Islamic state, Sharia offers certainty, morality, and divine justice. For those who believe in secularism, it is a system of rigid control that threatens personal freedom, gender equality, and human rights.

But which system is better? That depends on your values. Do you believe that law should be based on divine commandments or on human reason? Should morality be enforced by the state, or should individuals be free to decide for themselves?

The choice between these two systems is a choice between two fundamentally different ways of life.


Related Posts:

  • Inside a Pure Islamic State: What Sharia Law Looks Like in Practice

  • Between the Ideal and the Real: Why Modern Muslim States Don’t Reflect Pure Sharia

  • Islam and the Law in New Zealand: Rights, Protections, and Controversies

  • The Future of Islam in New Zealand: Growth, Integration, and Tensions

  • 1,400 Years of Division: How Islam’s Ancient Conflicts Shape New Zealand Today

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About the Author

Mauao Man is a blog created by a New Zealand writer who believes in following the evidence wherever it leads. From history and religion to culture and society, Mauao Man takes a clear, critical, and honest approach — challenging ideas without attacking people. Whether exploring the history of Islam in New Zealand, the complexities of faith, or the contradictions in belief systems, this blog is about asking the hard questions and uncovering the truth.

If you value clarity over comfort and truth over tradition, you’re in the right place.

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