An Islamic Approach to the Veil of Ignorance and the Original Position

One critique of John Rawls’ theory of justice is the inconceivability of the “original position,” as it is impossible to conceive of a self without all particular features. When this problem is considered, we try to imagine the position of contracting parties with no definite idea of the good, helping us understand the correspondence between the conditions of the original position and the contracting parties’ ideas of the good. This article focuses on the unacceptability of the conditions of the original position, with its implicit veil of ignorance, as it is related to Islam. Islamic thought cannot accept Ralws’ conditions due to Islam’s universal command to follow the dictates of God and specific religious norms. Alternatively, the international original position presented in The Law of Peoples, with access to particular types of the good, is more appropriate for the Islamic context, exemplified through the idea of Kazanistan, with its Islamic form of government and membership in the Society of Peoples.