If one more person tells me that the Muslim Brotherhood is going to make Egypt an Extremist Taliban like Government I’m gonna smack someone.
For one, there is no absolutely no government on this planet for the past maybe 500 years that has properly enforced an Islamic Shariah as a base of government.
Why is that? I’ll explain.
Islamic Shariah is a common law system that refers to Four Components of Law Extraction which are Quran, Sunnah, Qiyas and Ijma’.
Therefore, countries like Saudi Arabia or Iran or the Taliban do not practice Shariaa since there are no actual written laws that have been extracted by this method, they simply rely on Government enforcement of literally any Sheikh that gives out a fatwa.
So if a reputable Sheikh says that Woman can’t drive, the Police will enforce it as law, although there is absolutely no written law that says so.
The issue with this idea is lawlessness and anarchy and it violates every principle of Government and constitution. A constitution is the basis by which you extract laws, not assume them.
For a Puritanical Islamic Government to come to light there must be the following components that are lacking in all so called Modern Shariah governments:
1. An Elected Caliph, not a King, not a Military Dictator, not a Supreme Ayatollah that is a symbolic leader, someone who is democratically elected.
2. A constitution with written laws, not assumed laws enforced by random police. The Quran and Sunnah are a constitution, yes, but there has to be a system by which you can extract written laws.
3. A Court System with the form of Ijtihad and a Reformation movement that interprets Islamic Rulings and goes through a court that is relevant to our modern day. (For example, the Guardianship idea in Saudi Arabia is almost obsolete due to the safe nature of Modern Traveling). Also referring to Fatwas from former Scholars can be a form of legal reference only, not law.
4. A Transparent court system that actually strictly enforces the law properly in its puritanical form.
Amputations or flogging is loosely interpreted in places like Saudi, and is meant to be symbolic if anything, not actually enforced.
5. Understanding the difference between the Public and Private Domain. Islamic Shariah is enforced in Public as long as there is no violation of human rights in the Private Realm.
Therefore, if you were having homosexual sex or drinking alcohol in the privacy of your home, absolutely no one has the right to charge you with any type of crime.
6. Freedom of Religion. Under all circumstances, a Shariah government allows Freedom of Religion, to bar Churches from being built is a violation of Shariah altogether(See Saudi Arabia).
7. The recognition of Women and Men under the same guise in government. There is absolutely no precedent in Islamic law that bars women from achieving or getting any rank, for people to say it’s haram for Women to be in government or the military have clearly not seen Islamic History.
8. State Enforcement of Hijab has no legal precedent. For Countries like Iran, Saudi, or Taliban to enforce those have clearly no information on how Islamic Public Decency laws.
9. An Elected Shourah Council and local Governers are to be elected to and not appointed.
I will add more if I remember.