2018 年 34 巻 2 号 p. 1-34
Since the rise of the Islamist movement in 1970s and its gradual moderation, the intellectual aspect of Islamism has acquired great importance. This paper explores the political and legal thought of Ṭāriq al-Bishrī, a retired judge and renowned Islamic thinker in Egypt. To clarify the genealogy, intellectual interest, and characteristics of his thought in the Egyptian Islamist landscape, this paper focuses on his discussions on religion-state relationships and his attitudes toward the application of Islamic law, one of the biggest issues in the latter decades of 20th-century Egypt. As an intellectual deeply interested in national unity, al-Bishrī’s approach seeks to affirm social, political, and legal realities in Egypt. While he attaches importance to Islam as the foundation of fundamental values in Egyptian society and defines the relationship between culture and state through the constitution as a modern tool, he leaves the choice of polity, the incarnation of Islamic principles, and reliance on legal schools within Islamic jurisprudence to each community. He believes in the superiority of Islamic law due to its ethical commitments and traditional presence in the community and supports its unceasing renewal. However, he deconstructs the epistemological dichotomy between positive law and Islamic law through the approach of finding historical points of negotiation between them. In this way, based on his community-based approach as well as his pragmatic perspectives as a jurist, al-Bishrī attempts to overcome fruitless conflicts between secularists and Islamists, which locates him in a distinguished and unique position in the Egyptian intellectual scene.