Identity &amp; Law: The conflict between the Liberal Democracy and the Salafi Identity

Within the Dutch liberal democracy, a political as well as fundamental tension can be felt between the liberal democracy and Islam. One of the legal examples that can be offered in relation to the tension between the liberal democracy and Islam, is the “Temporary Law on Counterterrorism Administrative Measures". This temporary law was put into place in order to fight threats of (Muslim) terrorism, by making it possible to (among other administrative measures) restrict the freedom of movement of a person through an area ban and / or travel ban based on the possible threat they can become, given their religious beliefs and actions (the fear of radicalisation). The question is where to draw the line between protecting society in relation to national security and restricting one’s freedom, based on religious beliefs that go against (some of) the principles of the liberal democracy. The main question of this thesis will therefore be the following: Is it justified for a liberal democracy...Show moreWithin the Dutch liberal democracy, a political as well as fundamental tension can be felt between the liberal democracy and Islam. One of the legal examples that can be offered in relation to the tension between the liberal democracy and Islam, is the “Temporary Law on Counterterrorism Administrative Measures". This temporary law was put into place in order to fight threats of (Muslim) terrorism, by making it possible to (among other administrative measures) restrict the freedom of movement of a person through an area ban and / or travel ban based on the possible threat they can become, given their religious beliefs and actions (the fear of radicalisation). The question is where to draw the line between protecting society in relation to national security and restricting one’s freedom, based on religious beliefs that go against (some of) the principles of the liberal democracy. The main question of this thesis will therefore be the following: Is it justified for a liberal democracy to enforce administrative sanctions upon its citizens, based on their religious identity? In discussing the place of religion (and religious identity) within the liberal democracy, I will focus on four different approaches: the communitarian consensus, state neutrality, the human nature approach and the overlapping consensus approach. I will argue that none of these approaches offer a justified answer to how Salafi citizens can coexist peacefully with others while living according to the principles of liberal democracy. I will argue, however, that the inability of the Salafi identity to coexist with the ideals of the liberal democracy, does not necessarily justify state interference (by enforcing sanctions upon the Salafi citizens). It is important to look at the actions that follow from ones identity, in order to judge if state interference is justified. Following the three groups identified by Wiktorowicz in his “Anatomy of the Salafi Movement”, I will argue that the state is not allowed to act against purists, the state can use administrative measures to restrict politicos and is allowed to use both administrative as well as criminal measures against jihadis.Show less

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Identity & Law: The conflict between the Liberal Democracy and the Salafi Identity