Al-Quds Center for Political Studies published recently a book entitled” Religion and State: Jordan as a  Case Study ,The  book presents the set of papers submitted to the Workshop held on October 31, 2009, with over 70 participants, including Jordanian political party leaders, civil society organization heads, Members of Parliament, and prominent researchers and academics. Under the title “Towards a Healthy Relationship between Religion and the State: Jordan as a Case Study ”. Al-Quds Center for Political Studies held this workshop in cooperation with Dar AnNadwa in Bethlehem.

This workshop discussed three key issues around the current relationship between religion and the State in the Jordanian Constitution and its legislative practices; Islamist visions for reform in Jordan; and women’s rights in religion, legislation, and in international conventions. This workshop allowed for the presentation of much academic research, and served to further discussion on a topic that previously had been difficult to articulate and explain.

Searching for the Optimal Religion-State Relationship

Mr. Oraib Al-Rantawi, General Director of Al-Quds Center for Political studies gave the opening talk at the workshop, stating that the Al-Quds Center for Political Studies has long recognized that concepts of religion, the state, and their interrelationship are critical debate issues in the Jordanian political sphere.

Religion is a guiding aspect of many Jordanians’ lives, and several citizens would see it more openly addressed in the nation’s political discourse. Other religious groups seek the freedom to practice, teach, preach, and organize. Yet others seek the right to participate in the political system in order to shape legislation that affects both how religious freedoms are afforded to citizens, as well as how religious beliefs are enforced or promoted at the policy level.

Al-Quds Center in order to develop and enhance concepts of democracy and political reform in the region. In 2005, the Network for Reform and Democratic Change in the Arab World was created. Despite so much ado about it, reform in the Arab World is being seriously blocked, and has largely deteriorated in recent years to an unprecedented extent.

In the second year, the project “Towards a Civic Democratic Islamic Discourse” was launched. Several seminars and conferences were organized in this context to deeply establish civil concepts in the Islamic Discourse. It is the civil discourse rather than a “moderate” discourse what is sought. For, the term “moderate” has become so vague in the current era. Moderation has lost meaning. What do we mean with it? Is it the moderate dealing with the citizenry and citizens issues? Is it the measurable moderation that can be classified and evaluated according to the relationship and friendship with the United States of America no matter of what moderate political systems we are speaking about? In fact, such systems can be totalitarian and dictatorships. They can be corrupted even.

Rev. Dr. Mitri Raheb President of Diyar Consortium said that there is yet no agreement with regard to what constitutes an optimal relationship between religion and the State.  No one single such relationship in any one country is seen as the “best,” as country historical, cultural and social contexts frequently differ. However, certain questions can help an observer to gauge the relations between religion and the State:

With regard to religious issues, does the State avoid interference and play a neutral role? Or, does the state back a particular set of values with regularity?

How does the state manage its relations with religious groups? Does the state complement, discriminate against, or cause trouble for religious groups?

Does the Constitution stipulate a certain religion for the State? What freedoms or protections are afforded to adherents of other religions?

Are general norms of religious freedom being violated? Are certain religious groups being persecuted or oppressed?

Does the State interfere in religious legislation?

Are there laws that maintain freedom of belief including possible conversion to another belief or to atheism? Are there civil alternatives for religious movements?

To which extent do religious groups interfere in or influence government policy? What is their impact on national, governorate, and local-level government?

Chapter One

A Reading in the Relation between Religion and the State in the Jordanian Constitution and Legislation
This Chapter includes a research submitted by Mr. Ibrahim Gharaibeh, a political researcher and writer who has written several articles in Jordanian and Arab newspapers. Commentary was provided by Dr. Mousa Shteiwi, Professor of Sociology at the University of Jordan.

The concept of Gharaibeh research was that religion has a much larger impact in Jordan than some may believe. Certainly, the Jordanian State was not founded in the same manner as the Kingdom of Saudi Arabia or the Islamic Republic of Iran, or even Pakistan which was founded after India’s failure to create a clear system of minority religious representation.  Nevertheless, Jordan was founded based on a religious legitimacy derived from the leadership of Mecca’s Sharif, Al-Hussein bin Ali, and principles of the Great Arab Revolt. While the Jordanian state is a constitutional monarchy with stated religious freedoms, Islam and Islamic thought is apparent in the country’s political system, laws and legislation, civil society, and political opposition.

Islam has been a central point of reference for governance in Jordan. Successive Kings and their governments have espoused clear religious viewpoints with regard to certain laws and legislation – those viewpoints are often reflected in legal texts, from its Constitution to smaller bills. For example, Jordan’s constitution ensures that “Islam is the religion of the State and Arabic is its official language,” and that “no person shall ascend the Throne unless he is a Muslim, mentally sound and born by a legitimate wife and of Muslim parents.” Many legal interactions throughout Jordanian society also are governed to some extent by Islamic Sharia law, including family, inheritance, marriage and divorce.

Religious tenets and undertones can also be seen in the textbooks of the Ministry of Education, as well as in the conduct of the armed forces, official and quasi-official media, and governmental and quasi-governmental departments – from ministries to religious government organizations themselves, for example the Ministry of Awqaf and Islamic Affairs, the Sharia Chief Justice Department, and Al-Ifta’ Department at the Armed Forces. Such organizations highlight the religious aspects underpinning the State’s ongoing duties

Thus in many ways, religion has been a means of the state to both embrace and maintain control over society; society’s adherence to religious tenets allow the state and embrace it as well as maintaining strength and stability of the ruling system. However, religion has become a similar vehicle for Jordan’s grassroots politics, its civil society, and its economic sector.

In terms of civil society and political opposition, Islam has provided a framework and a driving force for several organizations. For example, when Palestinian organizations such as the PLO departed from Jordan, the Muslim Brotherhood started to assimilate Jordanian Palestinians into its organizational and political structures, and has ultimately become the largest grouping of Palestinians in Jordanian civil society. More than just recruiting, civil society organizations and political parties often work with religious messages as both a means of organizing themselves, providing services, and protecting their own rights under the law. This is true for nationwide and region-wide organizations like the Muslim Brotherhood as well as political parties such as the Islamic Action Front. These organizations provide several services and sponsor numerous student and women’s groups, all of which have groundings in religion. Finally, though Jordan maintains a market-oriented economy, Islamic tenets also impact several trade unions, syndicates, federations and business practices. For example, Islamic banking is a major service of almost all of the national and international banks operating in Jordan.

In short, Islam has transitioned from an instrument of control and influence employed by the State, to a vehicle for political, civil, and economic organizations to organize, market themselves, structure their work and offerings, and interface with the State itself.  Religion indeed touches all aspects of Jordanian society. While it continues to be a “symbol” in the state, underpinning many aspects of official life, it also is evident when it comes to socioeconomic activity, working hours for official departments, and the practices of private companies and institutions.

Islam’s contributions to the makings of Jordan’s societal makeup are clear, but this phenomenon raises interesting questions for religious minorities in the country. Jordan’s religious minorities retain their freedom to practice, and fair representation is promised to certain groups through systems like parliamentary quotas. However, the influence of Islam in so many facets and at so many levels of Jordanian society provides a religious backdrop to a state that, to many, appears to be very secular.
Chapter Two
The Vision of Islamists in Jordan of Reform; A Civil or a Religious State? – A Critique
Several schools of thought have offered visions for reform in Jordan. This chapter addresses  the views of two largest Islamic political parties in Jordan – the Islamic Action Front and the Islamic Moderation “Alwasat” Party – The Islamic Action Front’s paper was delivered by Dr. Raheel Gharaibeh, Deputy Secretary General of the party. The Islamic Moderation Party’s paper was delivered by Dr. Fayez Rabee’, Former Secretary General of the party. Mr. Oraib al-Rantawi provided commentary on both papers after the presentations.

Dr. Raheel Gharaibeh spoke to the Reform Document released by the party in 2005. It invokes several principles of democracy and political pluralism, including women’s rights; it further emphasized that the party does not aim at monopolizing authority or exercising violence. Rather, it seeks to ensure that voters are well represented at all levels, and that they have the right to hold political leaders accountable through some council or organ that represents the nation in a sound and proper manner. In terms of religious minorities, the Front’s paper suggested that non-Muslims living in an Islamic society must be seen as active members of this society, with the same rights and duties as Moslems.  Under Islam, such personal religious freedoms are sacred and should be maintained in terms of belief and religious conduct. Ultimately, all individuals are equal under the Law.

Dr. Fayez Rabee’ shed light on the notion of the State – both the civil state as viewed by its supporters, and the religious state as viewed by supporters and opponents. He explained the concept of the civil Islamic state with references to various religious texts as well as the political practices of the Prophet Muhammad.  It explained that controversies of governance and power in Islam are rooted throughout history, and so far no clear mechanism has been set for power succession. However, the old Islamic concept of the State no longer exists, having largely given way to the current image of the State – a “Civil State” close to Western state concepts.

Many Moslems feel that the term “Civil State” cannot exist in an Islamic concept, having been created by secular rulers who refused Church authority during the middle ages and beyond. However, the concept of a civil state with underpinning Islamic tenets does exist in Islamic religious heritage and literature, and is based on certain key principles. These include:

Muslim lines of power succession does not mean that rulers or Muslims can monopolize political power while excluding others – including religious minorities – from it.

The State in Islam is a state of thought, rather than a prerogative state for a certain group of people on the ground of their color, race of region.

Shari’a is a code that rules the behaviors and actions of people so that there will be no need for them to import and impose the laws of others. The word Shari’a means “state,” in fact. Thus, the political system in Islam cannot be in Islam a certain system per se; a system that cannot be challenged or that is alienated from discretion when it comes to details.

Shura, judiciary autonomy, an emphasis on freedoms, and the rights of disagreement, pluralism, justice, tolerance, order, group work, and civil society do not contradict with the fundamentals, principles and general rules of the Islamic political system.

The relation between religion and politics is neither about absolute separation nor absolute assimilation. Religion is visible in politics as a steering force, a driver, and a power for the nation as a whole. However, political practice is quintessentially human and thus can be flawed. Thus in no way should it be viewed as sacred or infallible.

There should be no requirements to impede women from being involved in the public affairs including the political engagement.

The rights of non-Muslims - political, civil, and social – in an Islamic country should be maintained.
There are wide domains to enforce specific man-made laws in the public sphere in harmony with the overall general rules of Shari’a.

Mr. Rantawi’s commentary on both papers suggested that these and several other “civil readings” of Islam in government have been made, but few have been tested on the ground.  Many Jordanians seek to avoid strict Islamic “civil readings” like the “Wilayat Al-Faqih” in Iran, the Wahhabism of Saudi Arabia, and of course the Taliban system in Afghanistan.  The papers presented reflected progressive and optimistic outlooks on the Islamic dimensions of governance, but there remain Islamic movements that do not agree at all with these ideas.  Moderate, “civil” Islamic discourse needs more time to crystallize its stand on critical issues like democracy, political pluralism, women’s rights, issues of succession and power, the use of violence in political struggle, and the rights of religious minorities. Additional concern lies with mixing democracy with Shura, an issue that falls within the grey areas of “freedom.”

Furthermore, when speaking to concepts such as “citizens,” many interpretations exist as to who should receive full citizenship rights in any given state. Two such examples are women and religious minorities.

The Al-Quds Center believes that modern Islamic discourse must unequivocally open the door for real gender equality, treating all women as citizens in the full sense of the word. It must also account for not only equal rights for those who practice other religions, but the freedom to make one’s own choices about religious belief. Little has been said about the freedom to convert one’s own belief and religion; and less so about “Riddahs” – those who convert from Islam to another religion. Interpretations of Islam in politics have numerous factors to consider before religion-focused political parties seek their institutionalization within the Jordanian political system.

Chapter Three

Women’s Rights in religion, legislation, and International Conventions
This Chapter includes two broad viewpoints covering the topic of women’s rights. The first, by Dr. Ibtisam A’ttiyyat of Saint Olaf University in Minnesota, touched upon the two clashing “liberal” and “conservative” societal generalizations faced by women, whereas Dr. Abir Dababneh of the University of Jordan, touched upon the rights accorded to women in the Qu’ran in contrast to various adaptations and interpretations of those rights in modern laws.

Dr. Ibtisam’s concept that the Arab woman faces two key social trends, “liberal” vs. “conservative” speaks to women’s pursuit of greater equality while at the same time attempting to retain cultural traditions and norms. Those Arab women labeled as “conservative” appear to have a private life that is incompatible with the twenty-first century and also appear to lack any space in the public domain unless permitted via certain religious interpretations and through specific traditions and customs. They are seen to be adherents to their culture, but they are deprived of a life that many would like to have.

Those Arab women labeled as “liberal” appear to be lifting the shackles of a culture that “imprisons and persecutes” them, and shunning the traditions and norms of their ancestors.  In other words, the freedoms that “liberal” society provides them, that are denied to them by the “conservative” society, comes at a social cost. 

Thus several changes to the status and rights to women over the previous four decades – such as the right to vote, run for office, and hold senior government posts – have caused controversies between women’s organizations and progressive civil society on the one hand, and Islamists and tribal figures on the other.  Three approaches aiming to address these controversies in Jordan, and in the Arab World in general have emerged:

The first approach is the Rights-Based Approach, which suggests that unjust gender dynamics are rooted in a general drive to subordinate women in society. This approach calls for the termination of all types of institutionalized discrimination against women, and permitting equal opportunities to women in politics, the labor market and education. This approach is visible in several international agreements (e.g., CEDAW and Beijing), and in some ways seeks to separate religion from politics and society. While this approach is helpful in helping women identify and seek their rights, the absolute avoidance of religion when it comes to women’s rights is not well-implemented on the ground in Jordan due to the many religious underpinnings in its society.  Furthermore, few Jordanian women’s organizations seek to avoid or circumvent religion. Advocates of such an approach in the Arab Region have in fact been accused of “importing” their ideas from abroad, and of being agents of Western imperial endeavors.

The second approach is a Religion-Based Approach, sometimes referred to as Islamic Womanhood. The approach suggests that successfully improving women’s status must take into account and at the same time harness the particular cultural and religious contexts of the communities in which change is sought.  In the various countries where controversies have arisen from this approach, this is due to differing readings of the Quran and other Islamic texts that are often done with a male perspective and bias. A woman-focused reading of the original texts could be what frees women from the biases introduced by these previous readings. In some countries, this has occurred. Isra’ Nu’mani, an American Muslim women from Indonesian origins read that gender separation in mosques was not based on a Sharia tested role, and further determined that women have the basic right to be Mosque Imams and Mu’athens. In Egypt, Islamic womanhood has been demonstrated in another form based on revisiting and reading the Islamic history to highlight the role of women – an active political and social role within the context of overall Islamic values, showing that the principle of “equality” between women and men in terms of requirement and accountability does exist in original texts and has been lost in certain interpretations of it.  In Jordan, there is increasing interest in adopting this approach to re-interpret certain laws and norms in order to liberate women from persecution, discrimination and violence. This approach has worked in Jordan in a pragmatic manner to introduce changes to the Civil Status Law, but in many ways Jordanians have used the approach to find middle-ground compromises between the international rights-based approach and pervading interpretations of Islam.

The third approach, the Family-Based Approach, is built on the concepts of “protection” and “care.” The woman’s role in protecting the family from disintegration and segregation, and the essential requirement to look after its members as a group is seen by many as a vehicle that can positively impact women as a member of this family. With regard to the overall Arab cultural consciousness, this very universal role has the potential to reach large portions of society. However, this role has no element of empowerment, or independence. Further, it discards the concepts of citizenship and rights that women’s liberation movements seek to highlight. In other words, it places importance upon women, but in the family vacuum and not elsewhere in society.

An effective way to navigate the pros and cons of these diverse approaches is to work with all of them.

Perhaps it is effective to avoid separated, independent and competing approaches. The perspectives of each approach must be respected in order to reach an integrated approach which incorporates the positives of each. Above all else, regardless of approach and methodology to introduce women’s rights into civil discourse, it must be consistently impressed upon others that the search for women’s rights in Jordan is not imported, that it is not a Western invention, and it is inherently Islamic. Rather, women have historically shared these rights and they need to be addressed – regardless of how this is done.

Dr. Abeer Dababneh focused in her paper on the importance of understanding the original intent of certain religious texts when considering women’s rights – particularly in the modern context.  The paper argued that those who would attack religion and Islam on the basis that it denies women their rights are merely politicizing religion.  In some ways, it can be argued, such interpretations can be as short-sighted as the previous male-centric interpretations referenced by Dr. Ibtisam’s paper.


In truth, Islamic religious texts look highly upon women, affording them respect, and consequently affording respect to those who treat them with that respect. For example, the modern CEDAW conventions on the right of women to mobility and housing could be seen as a challenge to an Islamic tenet that a wife shall follow her husband and live with him if he provides with her “legitimate” shelter and basic needs.  However, in no way does Islam deny women the right to maintain their own household, or force women to marry and cohabitate with a man against her will. The penal code in Jordan protects women in this regard.

The problem, the paper argued, to consider is socio-cultural and lies in how we interpret “rights.” How one reads and understands divine precepts is a matter of choice and interpretation.  Islamic texts provide ample protections for women; Sharia in many ways fills in many gaps between existing man-made legislation and the overall concepts in the Quran and other texts. 

These two viewpoints triggered reactions and lively dissensions among various participants. Some Jordanians still view women’s rights with a conservative eye, opposing any action in which there appears to be contradiction with religious tenets, for example co-habitation without marriage and having children outside wedlock.

Chapter Four

Conclusion: Recommendations and Proposals:

Ultimately, the Al-Quds Center and the workshop participants reached the following recommendations based on the set of working papers submitted, presentations given, and discussions held:

The concept of the civil state in the Society must be supported. It must be emphasized that this concept does not contradict with religions. The Civil Code is a crucible that can accommodate all religions, and religious and political drives of the community members from all sects and groups in the Jordanian community.

It is essential and important to further develop the Civil Code. Several articles in this Law are still in contradiction with certain notions of human rights.

The jurisprudence and religious interpretations must be further developed in light of today’s cultural and global context.

The constitutional text that all citizens are equal before the Law must be enforced and protected with a series of laws and legislation, maintaining an eye on the concept of citizenry.
Although the Jordanian Constitution, legislation, and laws protect the rights of civil, political, and religious minorities, they must be treated as equal citizens and partners rather than minorities.

Women’s respect and esteem must be restored; women’s rights should no longer be examined from male-dominated perspectives. No religious texts that prohibit women from becoming leaders or public figures, or from assuming senior political positions in the State – including head of state.

A careful examination at “golden eras” in the Jordanian and Arab religious and historical heritage can foster fresh ideas contributing to establishment of civil and political rights more in line with the current era and its development.

It is essential to hold and maintain the dialogue with the countries that have been advanced in this respect in order to inspire their experiences in harmony with our thought and cultural system.

These ideas must be disseminated and enhanced among youth in a constructive manner.