ALSA 2025 meeting

Institutional Articulation of Religious Authority and State Governance in Muslim-majority Countries: A Legal Pluralist Perspective
2025-12-13 , Room03

The concept of institutional articulation denotes the strategic integration of Western-derived legal systems with the religious traditions and political contexts of Muslim societies, fostering novel institutional functions and plural legitimacy structures. This paper empirically examines Malaysia to explore how states selectively mobilise five dimensions of legitimacy—legal, religious, doctrinal, customary, and social—to enhance governance legitimacy.
In Muslim states, the institutional integration of religious authority and political power complicates the Western legal distinction between religion and state. While this integration raises concerns regarding legal stability and individual rights, it also offers significant benefits, particularly in bolstering governance legitimacy and maintaining social order. Religious authority is inherently pluralistic, encompassing diverse interpretations, regional customs, and societal endorsement. Such multiplicity presents institutional management challenges, notably in defining authority boundaries and ensuring normative coherence.
This study investigates how religious authority is institutionally embedded within state governance frameworks, shaping legitimacy formation. Drawing on the concept of institutional articulation as discussed by Talal Asad, Hussein Ali Agrama, and Sally Engle Merry, it highlights the dynamic interactions between state and religion beyond mere normative coexistence.
Using a "plural legitimacy" framework, the research traces the evolution of religious authority from doctrinal legitimacy through institutional acknowledgment, acquiring legal status, and finally gaining widespread social acceptance. Comparative analyses of Malaysia, Morocco, and Egypt reveal varied state strategies for institutionalising religious authority: Malaysia strategically mobilises multiple legitimacy dimensions, Morocco centralises authority under its monarchy, and Egypt navigates a delicate equilibrium between doctrinal autonomy and administrative oversight.
Ultimately, the research repositions Islamic modernity as a distinctive form of contemporary governance, underscoring institutional negotiation rather than simplistic separation or fusion of religion and state.


Affiliation:

Iwate Prefectural University, Japan

Role in the Panel:

Paper Presenter