Draft:Tawfiq al-Shawi
| Tawfiq al-Shawi | |
|---|---|
| File:Tawfiq al-Shawi.jpg | |
| Name | Tawfiq al-Shawi |
| Other Names | Tawfiq Muhammad Ibrahim al-Shawi
|
| Personal Details | |
| Birth Place | |
| Brith Date | 15 October |
| Death Place | |
| Death Date | 8 April |
| Teachers | |
| Religion | Islam |
| Works | Fiqh al-Khilafah wa Tatawwuruha li-Tusbaha Umam Sharqiyyah
|
Tawfiq al-Shawi, jurist, Muslim thinker, and religious modernist from the Egypt, professor at the Faculty of Law, Cairo University, Mohammed V University in Rabat Morocco, Comparative Law at the Faculty of Economics, King Abdulaziz University Saudi Arabia and advisor to the Supreme Council of the Supreme Court of Morocco and a founding member of the Muslim Brotherhood who died on 8 April 2009 AD, corresponding to 12 Rabi' al-Thani 1430 AH, at the age of 91 in Cairo. Reconstructing the Caliphate based on Shura, a new reading of the Islamic Caliphate, Unity of the Islamic Ummah, and the importance of the political jurisprudence viewpoint of Imam Khomeini are among his ideas.
Biography
Tawfiq Muhammad Ibrahim al-Shawi, was born on 15 October 1918 AD, corresponding to 9 Muharram 1337 AH, in the village of Al-Ghanimiyya, Farskur District, Damietta Governorate, Egypt.
Education
He completed his primary education in Damietta and then his secondary education in Mansoura, achieving the second rank in the entire Egypt, and graduated from the Faculty of Law, Cairo University with a Bachelor of Laws. In 1945 AD, a scholarship opportunity was provided for him, and he traveled to France to continue his studies at the doctoral level at the University of Paris, and in 1949 AD, he succeeded in completing the doctoral law course. He then returned to Egypt and began teaching at the Faculty of Law, Cairo University.
Muslim Brotherhood Movement
After enrolling in the Faculty of Law, Cairo University in 1937 AD, he joined the Muslim Brotherhood movement. Imam Hassan al-Banna assigned him to work in the communications section with the Islamic World while he was still a student, and there he communicated with foreign students. He was a founding member of the Muslim Brotherhood and later in the 1980s and 1990s, he was elected as a member of the General Council of this group.
Expulsion from University
Al-Shawi was expelled from the university along with a large number of professors in 1954 AD. Then the government of Morocco summoned him to teach at the Faculty of Law, Mohammed V University in Rabat. In 1959 AD, he was appointed as a judge in the Supreme Court of Rabat and served as a professor at Mohammed V University, then as an advisor to the Supreme Council of the Supreme Court of Morocco, and later as a legal advisor to the Parliament of Morocco.
Imprisonment
Al-Shawi was arrested after the Mansoura incident, the shooting at Gamal Abdel Nasser, the then Prime Minister of Egypt, on 26 October 1954 AD, and remained in military prison until his release in March 1956 AD. After his release, in 1958 AD, he traveled to Morocco for work. Gamal Abdel Nasser tried to arrest him but failed, so he canceled his Egyptian passport and caused King Mohammed V to give him a temporary Moroccan passport. When returning via Lebanon in 1965 AD, Gamal Abdel Nasser's security forces tried to kidnap him, but this trick failed. He was imprisoned in Beirut for two months along with Professor Baha al-Amiri and Issam al-Attar. After his release, he returned to Morocco and then traveled to Saudi Arabia at the request of King Faisal.
Return to Egypt
He returned to Egypt in 1975 AD, after Anwar Sadat permitted it. Sadat restored him and those who had been expelled from the university in 1954 AD to their positions. He participated in all the group's activities along with his brothers[1].
Activities
- Assistant Professor at the Faculty of Law, Cairo University;
- Deputy Public Prosecutor in Mansoura;
- Teaching at the Faculty of Law, Mohammed V University in Rabat, Morocco;
- Judge in the Supreme Court of Rabat;
- Advisor to the Supreme Council of the Supreme Court of Morocco;
- Legal Advisor to the Parliament of Morocco;
- Professor of Comparative Law at the Faculty of Economics, King Abdulaziz University.
Scientific Works
- Fiqh al-Khilafah wa Tatawwuruha li-Tusbaha Umam Sharqiyyah;
- Fiqh al-Shura wa al-Istisharah;
- Al-Shura A'la Maratib al-Dimuqratiyah;
- Fiqh al-Hukumah al-Islamiyah (Bayn al-Sunnah wa al-Shi'ah wa Qira'ah fi Fikr al-Thawrah al-Iraniyah).
Views
Reconstruction of the Caliphate Based on Shura
Al-Shawi was a student and son-in-law of Dr. Abd al-Razzaq al-Sanhuri and was influenced by his views and thoughts. As a مسلمان Muslim thinker and religious modernist, he was a staunch critic of Ali Abd al-Raziq's views and, on the other hand, was non-nationalist and possessed pan-Islamic thoughts. His preoccupation and mental engagement were the new exigencies in the جهان اسلام Islamic World and the adaptation of اسلام Islam to them. He belongs to the class of caliphate proponents and considers the revival of the Caliphate necessary, but not traditional caliphate advocacy; rather, he thinks about renewing the foundation of the Caliphate and reconstructing it based on the element of Shura. His special tendency can be considered advocacy of Shura; but not like those such as Abbas Mahmoud Aqqad who wish to adapt Shura to new democracy, rather he considers the theory of Shura superior to democracy and possessing superior advantages and furthermore effective in the new world. Al-Shawi considered the fundamental cause of the weakness of the Caliphate institution to be the suspension of Shura and disregard for public opinion. Indicators of government efficiency – Caliphate system or new regional governments – include: free selection of the ruler by the people and legitimacy of people's sovereignty, obligation of Shura, limitation of ruler's dispositions, immorality and lack of freedom of the leader causes the fall of sovereignty and end of guardianship, obligation to rise against an illegitimate system, establishment of عدالت justice and equality.
A New Reading of the Islamic Caliphate
In his introduction to the book Fiqh al-Khilafah, al-Shawi has presented a new reading of the Islamic Caliphate in such a way that it is both based on the principles and foundations of فقه اسلامی Islamic jurisprudence and on the other hand has the necessary acceptability and efficiency and is practically and theoretically successful against other political theories. This theory is raised considering the position of the Caliphate in a period when the خلافت عثمانی Ottoman Caliphate was abolished and کشورهای اسلامی Islamic countries undertook cultural and political reconstruction of their societies based on ناسیونالیسم nationalism. In this theory, emphasis is mainly placed on the international dimension of the Caliphate system. He did not intend to analyze the constitutional law analyses of the nature, pillars, and function of the Caliphate, but rather the function of the Caliphate in creating acceptable relations in Islamic societies and Islamic states is his concern.
Unity of the Islamic Ummah
Jurists have mistakenly interpreted the unity of the Islamic Ummah as the unity of the Islamic State and made it a basis for the legitimacy of the Caliphate. Whereas Muslim nations, with cultural connection and creedal integrity, even if under the rule of different states, can fulfill the purpose of دین religion and the Lawgiver. Unlike سیدجمال الدین اسدآبادی Sayyid Jamal al-Din Asadabadi who thought about the political connection of Islamic communities, he thinks about the creedal and cultural unity of Muslim nations. Al-Shawi suggests establishing organizations such as the Organization of the Islamic Conference to institutionalize cultural unity. According to him, inter-governmental organizations among Islamic states are responsible for creating desirable cultural relations between nations, improving the quality of religious beliefs, and organizing cultural organizations. In fact, such organizations replace the Caliphate institution in the new era, and the evolution of Caliphate jurisprudence due to new exigencies in this period is raised within the framework of the creedal connection of Eastern (Islamic) communities[2].
Importance of Imam Khomeini's Political Jurisprudence View
Al-Shawi is among the few سنی Sunni jurists who has analyzed and examined the political views of امام خمینی Imam Khomeini from a فقهی jurisprudential and legal standpoint and away from negative tendencies. In his view, Imam Khomeini is primarily a فقیه jurist and theorist who is considered a turning point in the course of political thoughts of the شیعه Shia sect due to presenting new theories. The source and reference of his research is the book Velayat-e Faqih of the Imam and the قانون اساسی جمهوری اسلامی ایران Constitution of the Islamic Republic of Iran. According to Dr. al-Shawi, the following three causes have led to the importance of Imam Khomeini's political jurisprudence view:
- Renewal in the jurisprudence of the Imamite Shia by fundamentally introducing the popular will for the selection of the jurist for the guardianship of affairs in the case of occultation;
- Opening the door to approximation between Shia jurisprudence and Sunni jurisprudence in establishing the guardianship of rule based on the principle of free pledge of allegiance instead of guardianship or inheritance;
- Enabling Islamic principles to unleash the revolutionary energy of the Iranian people masses to eliminate the tyrannical imperial rule[3].
Death
Dr. Tawfiq al-Shawi passed away on 8 April 2009 CE, corresponding to ۱۲ ربیع الثانی 12 Rabi' al-Thani 1430 AH, at the age of 91. His funeral ceremony was held at Al-Farouq Mosque in the Maadi district of قاهره Cairo.
See Also
Footnotes
References
- Tawfiq Muhammad Ibrahim al-Shawi, Muslim Brotherhood News Agency, Date of publication: N/A, Date of access: 15 Azar 1404 SH.
- Writings and Political Tendencies of Tawfiq al-Shawi (1), Rasekhoon News Agency, Date of publication: 28 Azar 1391 SH, Date of access: 15 Azar 1404 SH.
- Writings and Political Tendencies of Tawfiq al-Shawi (3), Rasekhoon News Agency, Date of publication: 28 Azar 1391 SH, Date of access: 15 Azar 1404 SH.