Simple, in a Shariah law, can a non Muslim be head of the State, your Khalifah/ xyz?
If not, then I cannot support such a system.
Answer is no why? Because he will turn out to be like you being afraid of words linked with Islam ...However, that is my personal opinion...The head of state has to be chosen by the set of people....This was set 1400 years ago...something West is only starting to enjoy:
1.1 Shura: Consultation and the Adaptability of Islamic Law
Rule in Islam is based on the concept of
shūrā, a term which has two meanings in Islamic governance:
1.
Shūrā is a
referendum on which the majority of people agree, and is the basic method for choosing the ruler in Islam. Similarly, it is the means to approve his decisions. Muhammad Abū Zahrā in
The History of Islamic Thought and Leadership in Politics and Belief, writes:
“All the Muslims, including the Shi¿a and all the different schools of thought, [which at one time number over 470] agreed that leadership as defined by the Prophet, in the saying ‘If you are three make one your leader’ can only be implemented by election. That is done in every district, (
hayy), at the state level (
wilāyat) and above that by the federal authority, (
al-idāra al-markazīyya).”
2.
The advisory board (
al-majlis ash-shūrā), which advises the ruler, is a group of elected experts. The task of such groups is to observe and oversee the ruler (
murāqabat as-sulţān). They are in this position to form an opinion of the ruler and his rule, and to control any aspirations he may have to override the rights of the people. They must be aware of the variations in these rights within ethnic, cultural and environmental norms. This system is like that being implemented in America today, where we have the federal system, the state and local governments, and municipalities. The judicial system acts to check the executive and legislative branches, ensuring fair and correct implementation of law. We also have the free press, which acts as a watchdog over the government, issuing warnings at the slightest sign the interests of the people are being betrayed.
Everything that impacts human life accounted for in the law and falls under the jurisdiction of the ruler. Yet the ruler himself has no personal choice in ruling, as do contemporary monarchs. The Prophet (s) prohibited the ruler, who has been chosen or appointed, to usurp authority he does not possess. He is tied to the law, which as the ruler is his duty to enforce. The
majlis ash-shūrā ensures that he does so.
In the Shari¿ah there are laws that are immutable or nearly so, similar to the constitutional basis of Western democracy and the US Bill of Rights. However, the remainder of the law is adaptable, changing with:
1.The practical application of the “immutable” law, established in the earlier rulings of judges; ie. case law.
2. Society’s evolving needs.