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I- Distinctive Features
II-
State and Government
III-
Ruler or Head of State
IV- Counsel
(Shura)
Islamic political system, like any other political system of the
world, has got some features which distinguish it from others.
Some of these distinctive features of Islamic political order are
briefly underlined below:
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Sovereignty belongs to God
This
is the first feature of Islam’s political system which
distinguishes it from a secular political system.
The
word Sovereignty is derived from the Latin word ‘Supernus’ which
means supreme. Although the political scientists do not agree on
one definition of sovereignty yet they recognize it as the supreme
political power in a state which is absolute, permanent,
exclusive, indivisible, all-comprehensive and subject to none.
Despite its importance, there is also no unanimity of opinion
about the locus of sovereignty. According to some Roman Jurists of
old, the emperor was sovereign; according to British jurists,
Parliament is sovereign being representative of people; according
to socialists, sovereignty lies in proletariat class; but many
modern political scientists place sovereignty in the whole people.
Islam
has solved this controversial issue of sovereignty very amicably.
Islam does not place sovereignty in a king or parliament, in an
individual or people, in bourgeois class or proletariat, but in
God who is Absolute
Sovereign being Lord of the whole universe.
According to Islam, Allah alone is Sovereign and Absolute Ruler of
the whole universe. He is the Creator, the Sustainer, the
Cherisher, the Nourisher, the Regulator, the Perfector, the
Law-Giver, the Supreme Judge, the Supreme Lord and the Most
powerful. Sovereignty in all its dimensions is for Allah only.
Power of command and rule in the heavens and the earth, in state
or society, indeed in the whole of universe belongs to Him and Him
alone. The totality of power and authority in all aspects is God’s
right and none is His partner in this right.
The
Islamic concept of sovereignty, as propounded by the Qur’an is a
fundamental principle of Islamic political system. From
sovereignty of God, the Qur’an means that Allah must be recognized
as the sovereign, the Ruler, the Judge and the Law-Giver in the
moral, social, cultural, economical and political life. In other
words, the Divine Law or the Qur’anic Law is supreme.
Some
of the verses of the Qur’an which highlight Islamic concept of
sovereignty of God are:
-
Knowest thou not that it is Allah unto Whom
belongeth the sovereignty of the heavens and the earth; and ye
have not, beside Allah, any friend or helper? (2:Al-Baqarh:107)
-
Say: O Allah! Owner of sovereignty! Thou givest
sovereignty unto whom Thou wilt, and Thou withdrawest sovereignty
from whom Thou wilt. Thou exaltest whom Thou wilt and Thou abasest
whom Thou wilt. In Thy
hand is the good. Lo! Thou art to do all
things. (3:Al-Imran:26)
-
Unto Allah belongeth the Sovereignty of the heavens
and the earth. Allah is Able to do all things. (3:Al-Imran:189)
-
Blessed is He in Whose hand is the Sovereignty, and
He is Able to do all things. (67:Al-Mulk:1)
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Man viceroy on earth
The
Holy Qur’an says: “And when thy Lord said unto the angels: Lo! I
am about to place a viceroy in the earth, they said: Wilt Thou
place therein one who will do harm therein and will shed blood,
while we, we hymn Thy praise and sanctify Thee? He said: Surely I
know that which ye know not.” (2:30)
From
this verse of the Holy Qur’an it is abundantly clear that the
position of man on earth is not that of a sovereign but it is that
of a Caliph. Allah has appointed man as caliph on earth. Caliph
generally means one who succeeds after the other. In this sense
man cannot be called as caliph of Allah because God is ever-living
and man cannot succeed Him. Caliph also means a deputy, a
delegate, a viceroy or a vicegerent. Since man is the holder of
delegated powers, he is caliph in this sense.
Allah
appointed Adam a caliph or vicegerent on earth. Adam being the
caliph, the notion of vicegerency is applicable to every human
being of whom Adam is the father. The descendants of Adam as a
whole are therefore caliphs or vicegerents on earth. Thus the
vicegerency or viceroyalty is not vested in one individual or
family or tribe or race, but in the whole Muslim community in an
Islamic state. It means Islamic concept of vicegerency is that of
‘collective’ or ‘popular’ vicegerency.
Islamic concept of ‘popular vicegerency’ has led to the
establishment of perfect equality of all citizens in an Islamic
state. A society in which every member of community is a caliph of
Allah and equal participant in caliphal responsibilities, can
hardly afford any discriminations based or race, colour, wealth,
place of birth, language, class or social status. No individual in
an Islamic state feels any disability on account of any prejudice
based on birth or social position. He is equal to any other member
of the community and enjoys equal opportunities for progress. The
criterion of superiority in the Islamic social order is personal
merit and pious conduct. The revealed book of Islam says: “O
mankind! Lo! We have created you male and female. And have made
you nations and tribes that ye may know one another. Lo! the
noblest of you, in the sight of Allah, is the best in conduct. Lo!
Allah is Knower Aware”. (Al-Qur’an 49:13). The Prophet of Islam
repeatedly and explicitly asserted this point on every occasion
and especially on the occasion of his Farewell pilgrimage when he
declared: “No one is superior to another except on the basis of
pious conduct. All human beings descended from Adam and Adam was
made of clay.” Therefore, in an Islamic state, all the members of
Muslim Ummah (community) have equal socio-political rights. They
can equally participate in governmental matters because everyone
is caliph of God having equal constitutional rights. Everyone has
the right to vote, the right to contest elections, right to seek
for public or representative office and right to become even head
of state. No inherent privilege or vested right on the basis of
any discrimination or prejudice is available to anyone under an
Islamic constitution. All the citizens are granted basic human
rights including the right of freedom of expression.
This
concept of popular sovereignty and political equality of all cuts
at the roots of discriminations based on race, tribe, colour,
caste, blood place of birth, language, etc. on one hand, while on
the other hand it rejects the claims of usurpers to legitimacy who
come to power through unlawful means like military coup and assume
dictatorial and despotic powers and thus deprive the people of
their caliphal status which was bestowed on them by Almighty God.
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Supremacy of the Qur’an and the Sunnah
The
Holy Qur’an enjoins upon the believers to obey God and His
messenger. It says:
-
And obey Allah and the messenger, that ye may find
mercy (3:Al-Imran:132)
-
These are the limits (imposed by) Allah. Who so
obeyeth Allah and His messenger, He will make him enter Gardens
underneath which rivers flow, where such will dwell for ever. That
will be the great success. And whoso disobeyeth Allah and His
messenger and transgresseth His limits, He will make him enter
fire, where such will dwell for ever; his will be a shameful doom.
(4:An-Nisa:13-14)
-
And obey Allah and his messenger, and dispute not
one with another lest ye falter and your strength depart from you;
but be steadfast Lo! Allah is with the steadfast. (8:Al-Anfal:46)
-
O ye who believe! Obey Allah and obey the
messenger, and render not your actions vain. (47:Muhammad:33)
The
Holy Qur’an also enjoins upon the Muslims to refer their disputes
regarding any matter for decision to God and His messenger i.e. to
the Qur’an and the Sunnah. It says: O ye who believe! Obey Allah,
and obey the messenger and those of you who are in authority; and
if ye have a dispute concerning any matter, refer it to Allah and
the messenger if ye are (in truth) believers in Allah and the Last
Day. That is better and more seemly in the end. (4:An-Nisa:59)
The
Qur’an further commands the believers to accept decision of Allah
and His apostle as final and binding. It pronounces:
-
But nay, by the Lord, they will not
believe (in truth) until they make thee judge of what is in
dispute between them and find within themselves no dislike of that
which thou decidest, and submit with full submission.
(4:An-Nisa:65)
-
And when they appeal unto Allah and
His messenger to judge between them, lo! a faction of them are
averse; But if right had been with them they would have come unto
him willingly. Is there in their hearts a disease, or have they
doubts, or fear they lest Allah and His messenger should wrong
them in judgement? Nay, but such are evil-doers. The saying of
(all true) believers when they appeal unto Allah and His messenger
to judge between them is only that they say: We hear and we obey.
And such are the successful. He who obeyeth Allah and His
messenger, and feareth Allah and keepeth duty (unto Him): such
indeed are the victorious. (24:An-Nur:48-52)
-
And it becometh not a believing man
or a believing woman, when Allah and His messenger have decided an
affair (for them), that they should (after that) claim any say in
their affair; and whoso is rebellious to Allah and His messenger,
he verily goeth astray in error manifest. (33:Al-Ahzab:36)
The
above mentioned injunctions of the Qur’an establish beyond any
doubt that in an Islamic system supremacy of the Law of Allah and
of the Prophet is ensured. This means that the legislature has no
right to make laws, the executive has no right to issue orders and
the law courts have no right to decide cases in contravention of
the teachings of the Qur’an and the Sunnah. Where a matter has
been decided by the Holy Qur’an or Sunnah of the Prophet, that
decision must be complied with. The Muslims have no authority to
differ with that judgement. That is final for them and they have
no right of appeal against it. In case of their disputes and
differences, the Muslims are required to refer them to God and His
apostle (Qur’an and Hadith) and if they find decision in Qur’an or
in Hadith, they are bound to accept it.
The
Qur’an is the written constitution of the Islamic State. It is the
word of God and is the fundamental law for all believers. It is a
source of law in all fields of human life and provides the
essential guidance about religion, morality and mundane affairs.
In an Islamic State no constitution, manifesto, law, ordinance,
rule, regulation or decree can be issued by any authority which is
in contradiction to any express provision of Quranic law. The
executive, legislature and judiciary of an Islamic State are
obliged to enforce the provisions of Quranic law and thus
establish the kingdom of God on earth.
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Power for the righteous
According to Islamic conception, power or authority is a great
trust or responsibility. It is a great trial for those who are
entrusted with it. The Qur’an says: “He it is who hath placed you
as viceroys of the earth and hath exalted some of you in rank
above others, that He may try you by the (test of) that which He
hath given you……” (6:165).
Now
the question arises as to who is eligible for exercising power and
authority to rule. As power is a trust, it should be given to the
trust-worthy. It is the pious and righteous people, and not the
wicked and arrogant, who can be entrusted with power. Thus power
and authority in an Islamic dispensation belongs to the righteous,
God-fearing and competent people.
According to the Qur’an, only pious, righteous and believing
slaves of Allah have been entrusted to govern as deputies or
viceroys of God. Wherever the wicked are ruling it is against this
fundamental principle and hence their rule would be only de facto
and not de jure, according to Islam. Such wicked persons are
actually the usurpers and not legitimate rulers.
The
Qur’an in the following verses clearly establishes this principle
that only the pious have the right to rule:
-
And verily We have written in the
Scripture, after the Reminder My righteous slaves will inherit the
earth. (Al-Anbiya 21:105)
-
Allah hath promised such of you as
believe and do good works that He will surely make them to succeed
(the present rulers) in the earth even as He caused those who were
before them to succeed (others); and that He will surely establish
for them their religion which He hath approved for them, and will
give them in exchange safety after their fear. They serve Me. They
ascribe nothing as partner unto Me. Those who disbelieve
henceforth, they are the miscreants. (An-Nur 24:55).
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Concept of a nation
Concept of nation-hood or nationality in Islam is based upon
religion. A common religion is the basis of nationality among the
Muslims and Islam is that religion. The Qur’an says: “Thus, We
have appointed you a middle nation, that ye may be witness against
mankind. And that the messenger may be a witness against you ………”
(2:143). At another place, the revealed book of Islam calls the
Muslims the best community of the world that has been raised for
the guidance of mankind. It says: “ye are the best community that
has been raised up for mankind. Ye enjoin right conduct and forbid
wrong; and ye believe in Allah ………” (3:110).
Among
the other people, basis of nationality is blood or race, language,
colour, or place of birth. These notions provide a very weak basis
as they make the problem of assimilation of foreigners very
difficult rather impossible. For example if society were to group
itself solely on the basis of blood relationship, naturalization
would be out of question for ever. The same would be true if the
basis were the colour of the skin which cannot be concealed.
Language as a factor of social unity requires long years for a
veritable assimilation. Place of birth is even less perceptible in
a stranger; and ever since man has crossed the horizon of
city-states, not much importance is attached to this factor.
However, one would remark that in all these various conceptions of
social unity, the basis is a mere accident of nature, and belongs
mere to the animal instinct than to the rationality of man. Thus,
if nationality is based on the identity of language, race, colour
or place of birth, it will make the problem of aliens or strangers
exist perpetually and such a nationality will be too narrow, ever
to be able to embrace the inhabitants of the entire world; and if
the aliens are not assimilated there will always be risk of
conflicts and war. It is common knowledge that Islam has rejected
all these notions of nationality, and selected only the identity
of ideas — a thing which depends upon the choice of man and not
upon the accidents and hazards of birth — as the basic tie of
society and the factor of union. Naturalization and assimilation
in such a society is not only easy and accessible to all human
races in their entirety, but is also closer to reason and more
practical, showing how to live one’s life in peace and tranquility.
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II
– State and Government
Concept of State
Although the political thinkers do not agree on a unanimous
definition of state, yet the state is generally considered to
possess four elements, namely; population, territory, government
and sovereignty.
The
Qur’an and the Sunnah, the two primary sources of Islamic law and
constitution do not define state. But the Prophet of Islam (PBUH)
did
practically establish the first Islamic state at Madinah in the
year 1 A.H. (622 A.D.) under his leadership. The state of Madinah
possessed all the elements of state as defined today such as
population, territory, government and sovereignty from external
control. However, this simple statement of fact may not satisfy
the curiosity of a reader unless we explain the Islamic concept of
state in a bit detail.
According to Islamic concept, a state inhabited predominantly or
even entirely by Muslims may not necessarily conform to the
definition of an Islamic state. It may, no doubt, be a Muslim
state but it would not be an Islamic state unless it is based on
the ideology of Islam. Islam conceives state as an instrument to
enforce the law of Islam and, thus,
to
establish kingdom of God on
earth. Sovereignty in the Islamic State belongs to Allah, the
Supreme Lord of the universe, besides Whom there is no god and Who
Alone is to be worshipped. Consequently, Divine Law is supreme law
in this state while no other law can be made or practiced in
violation of the injunctions of the Qur’an (the revealed book of
God) and the Sunnah (the sayings and the traditions of the Prophet
of Islam). This state is to be run and administered,
predominantly, by the Muslims who testify that there is no God but
Allah and Muhammad (PBUH) is the messenger of Allah and who also
believe in and practice the
tenets of Islam. The Muslim
citizens of this state lead their lives in accordance with the
teachings of Islam, while the non-Muslim minorities living in this
state are allowed all the human rights and civil liberties, like
their Muslim compatriots, including full freedom of religion.
Religious and moral code of Islam is implemented in this state
while socio-economic and political system of Islam provides the
basis of state economy and state constitution.
Islamic state, in its true perspective, is a Qur’anic state. It is
not like communist or totalitarian states which restrict or
suppress individual liberties and have established the worst type
of
totalitarian rules. It is neither like a capitalist state which
believes in total freedom for the individual to do anything or
commit any exploitation at the cost of public interest. The
Islamic state believes in moderation and occupies rather moderate
or middle position between the two extremes. It combines the best
of every system while avoiding their evils.
The
political system of Islamic state is based on justice, fairness,
equality and the Islamic ideal of democracy. The concept of
sovereignty of Allah and vicegerency of man forms the core of this
system. In an Islamic state, all the people, collectively, are
responsible to conduct their governmental affairs under Divine
law. The head of an Islamic state is neither a despot nor an
absolute ruler but a servant of the people who conducts public
affairs in consultation with the people or the representatives of
the people. Thus, an Islamic state is distinguishable from the
secular democratic states of the modern world who divorce religion
from politics and place sovereignty in the people. Islamic state
is also not a theocracy wherein a priestly class exercises
unbridled power and rules in the name of Deity. Islam does not
create any priestly class neither it encourages sacerdotalism in
any form. Islamic state is not, thus, ruled by any particular
religious class but by the whole Muslim community.
The
aims and objectives of the Islamic State include: to create an
ideal Islamic society, as conceived in the Qur’an and Sunnah,
based on brotherhood, equality and tolerance; to enforce Islamic
Shariah as the fundamental law of land; to establish Islamic
consultative democracy as from of its government and to achieve
the goal of social justice through equitable distribution of
wealth.
The
Holy Qur’an sums up the aims of an Islamic state in one of its
verses. It says:
Those who, if We give them power in this land,
establish worship and pay the poor-due and enjoin kindness and
forbid inequity…. (22:41)
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Concept of welfare state
The
idea of welfare state has become very popular in recent times so
much so that every state now likes to call itself welfare state.
Although welfare as a purpose of government is not an invention of
this century, yet the term ‘welfare state’ came into wide spread
use only after the Second World War.
The
term ‘welfare state’ has not been clearly and exactly defined with
the result that welfare programmes almost differ from country to
country and place to place. However, generally understood meanings
of this term are that it is state in which the government assumes
responsibility for minimum standards of living for every citizen.
But the welfare state based on the materialistic philosophy of the
West gives emphasis on the material welfare of the people to the
neglect of spiritual and moral one.
Islam, as universal religion for humanity, believes in the
well-being of mankind in this world as well as in the next world.
The Qur’an, in one of its very popular prayers, teaches its
believers to ask God: “Our Lord! Give unto us in the world that
which is good and in the Hereafter that which is good…….” (2:201).
The primary objective of an Islamic state is, therefore, to
establish an ideal society wherein the welfare of the individual
in this world (which is material and economic prosperity) and the
welfare of he individual in the Hereafter (which is spiritual and
religious betterment) is ensured by the state. So the Islamic
state not only establishes the system of Allah’s worship (i.e.,
Salat or Prayer) but also establishes system of Zakat which is
collected from the rich and distributed among the poor. Thus, both
the spiritual and material well-being of the individuals is aimed
at by the Islamic state. In other words, the Islamic state is a
welfare state which performs a number of functions, in addition to
the traditional functions of a state, for the socio-economic
welfare of its citizens in this world and for their religio-spiritual
welfare in the Hereafter. Its functions aimed at material welfare
of its people include provision of basic necessities of life for
all, ensuring of a comprehensive social security system and
establishment of social justice, whereas its functions for the
spiritual well-being of its people include establishment of
Islamic system of life for the Muslims and full religious freedom
for the non-Muslims.
In
the light of the teachings of Islam, the right-guided caliphs
established welfare state of Islam at Madinah. During the
caliphate of Umar (may Allah be pleased with him) an ideal welfare
state of Islam existed wherein the basic needs of the poor and the
destitute were properly looked after and stipends and pensions
were given to orphans, widows and needy persons.
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Democratic Form of Government ensured
The
doctrines of sovereignty of God and vicegerency of man coupled
with the principle of consultation give to the Islamic political
system a form of perfect democracy. The doctrine of sovereignty of
Allah ensures the supremacy of divine law in an Islamic state. No
ruler or legislature can issue an order or ordinance or can frame
a law which is repugnant to any injunction of the Qur’an and
Sunnah. The ruler is required to obey Islamic law as much as an
ordinary citizen of the Islamic state. He is neither, in his
official capacity, above law, nor he can violate the religious and
moral code of Islam in his personal and private life. Therefore,
the possibility of a ruler becoming a despot, a tyrant or a
power-hungry man indulging in unlawful acts, is ruled out.
The
doctrine of vicegerency of man is another strong blow to a ruler
who tries to harbor any dictatorial tendencies. The doctrine of
vicegerency of man makes every human being vicegerent or deputy of
Allah. According to it, vicegerency or caliphate is not vested in
any individual, family, tribe, class or race. Rather everyone is
caliph and an equal participant in the caliphal functions as a
deputy or representative of God. In an Islamic society where the
idea of popular vicegerency prevails, there is no room for the
dictatorship of any person or group of persons. The position of a
person who is selected or elected to conduct the affairs of the
government is no more than this: That all the citizens of the
Islamic State who are, technically speaking, caliphs of Allah,
have delegated their caliphate to him, as a matter of
administrative convenience, to act and administer Divine law for
the common benefit of all. He is answerable to Allah for his acts
on the one hand and on the other hand he is responsible to his
fellow citizens who have trusted him by delegating their rights of
Caliphate in his favour. Thus, in no way, he can assume the
position of an absolute ruler. If he does so, then he would be a
usurper and the citizens of the Islamic State would be within
their right to depose him.
The
principle of consultation helps the smooth running of democracy as
envisaged by Islam. According to this principle, the citizens of
an Islamic state are required to conduct their mutual and
collective affairs by consultation. Al-Qur’an, the revealed book
of Islam, while discussing the good qualities of the believers,
especially mentions their attribute of mutual consultation. The
Holy Qur’an says: “…They conduct their affairs by mutual
consultation….” (42:38).This description of the Qur’an is not
merely a statement of fact, but has been regarded by many jurists
as an obligatory injunction. The command regarding mutual counsel
embraces in its fold all collective affairs from family matters to
socio-economic and political issues. It also applies to the
appointment of the head of state or the ruler and to the conduct
of the government affairs by the ruler. Thus, the ruler of an
Islamic State is appointed by mutual consultation and he conducts
the affairs of the State in consultation with people or the
representatives of the people. The principle of government by
consent and counsel is so important in Islamic political system
that even the Prophet of Islam, who was not likely to make any
mistake being directly guided by revelation, was required as head
of Islamic state, to consult his followers in the conduct of
mutual affairs. The Quran addresses the Prophet on this issue and
says: “……. So pardon them and ask forgiveness for them and consult
with them upon the conduct of affairs. And when thou art resolved,
then put thy trust in Allah…… (3:159).This ordinance of the
Qur’an, although addressed in the first instance to the Prophet,
is binding on all Muslims and for all times.
The
Prophet did not leave any instructions regarding the selection of
his successor. The silence of the Prophet on this issue was not
without wisdom. The principle of mutual consultation helped the
companions after the death of the Prophet in selection of the most
pious and the most capable person (Abu Bakr) as successor of
Muhammad, (PBUH). His selection or election, though originally
made by few leading persons was ratified by all the Muslim Ummah
through Bai’at (oath of allegiance) of the caliph.
Thus,
the system of government established by the successors of the
Prophet in the Islamic State of Madinah was not that of monarchy
or despotic kingship. It was a republic and is known in the
history of Islam as a pious or righteous caliphate. The system of
the election of the caliph followed by oath of affirmation (Bai’at)
of the whole Muslim community continued during reign of the four
right guided caliphs (Abu Bakr, Umar, Usman and Ali). The caliph
was not an autocrat or dictator as he was bound to decide and
conduct the affairs of the state in consultation with the
Consultative Council (Shura) and was accountable for his actions
to the people. Full freedom of criticizing the government and
opposing the caliph in various policies of his government was
available. Since the social justice of Islam formed the basis of
economic system and effective measures were taken for fair and
equitable distribution of wealth, the foundations of Islamic
welfare state were properly laid down. Therefore, the right-guided
caliphate can be considered rightfully, without any fear of
contradiction, as a republic with consultative democracy as its
form of government and welfare of the people as its policy. No
doubt, this republic still remains a model for the followers of
Islam even today.
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Dictatorship and despotic system rejected
Dictatorship is a form of government in which a person or group
possesses absolute power without any effective constitutional
checks. The term ‘dictatorship’ is derived from the Latin title
dictator, designating a magistrate who is given extra-ordinary
powers for a limited period to steer the state in an emergency.
But in modern times the meaning of the term has changed. In modern
usage, dictator is an absolute ruler possessing
extra-constitutional powers without any limitation of period,
while a national emergency may or may not exist. A dictator
behaves in an authoritarian manner and uses his powers most
oppressively. Absolutism, despotism, authoritarianism, autocracy,
tyranny, totalitarianism, etc. are some of the terms which are
either used as synonymous with dictatorship or used to describe
various features of dictatorship.
Islam
not only rejects dictatorial, despotic and totalitarian system of
rule but also severely condemns those who establish such rule
outrightly and reduce the human beings from their dignified status
of caliphs of God to the hapless condition of serfs and slaves.
The rule of Pharaoh of Egypt who was tyrant and despot has been
severely condemned by the Holy Qur’an in its following verses:
-
But none trusted Moses, save some
scions of his people, (and they were) in fear of Pharaoh and their
chiefs, that they would persecute them. Lo! Pharaoh was verily a
tyrant in the land, and lo! he verily was of the wanton. (Yunus
10:83)
-
Lo! Pharaoh exalted himself in the earth and made its people
castes. A tribe among them he oppressed, killing their sons and
sparing their women. Lo! he was of those who work corruption.
(Al-Qasas 28:4)
It is
because the rule of the Pharaohs and despots is based on cruelty,
oppression, autocracy and injustice. Such despotic and arrogant
rulers have no place in an Islamic system and, according to a
saying of the Prophet, to utter a word of truth in the presence of
such rulers is a great jihad. Thus those who struggle against such
rulers to save the people from their oppression would be great
warriors (Mujahideen) in the path of God who would be blessed with
immense rewards.
As
mentioned earlier, the teachings of Islam regarding sovereignty of
Allah, vicegerency of man and mutual consultation in conduct of
collective affairs establish a true representative and democratic
form of government. Hence tyrannical and absolute rule is
implicitly excluded by these teachings.
In a
true Islamic society, there is no room for tyrannical rule,
dictatorship or despotism. Since the ruler or the head of state is
one of the caliphs of Allah (i.e. one of the members of Muslim
community) and is the representative of other caliphs (other
members of the Ummah), he is one of them. He therefore, cannot be
a dictator or despot because he has no power to deprive the other
citizens (who have surrendered their right to caliphate in favour
of him) of their politico-legal rights. In the words of Maulana
Abul’Ala Maududi: “The position of a man who is selected to
conduct the affairs of the state is no more than this: That all
Muslims (or technically speaking, all caliphs of God) delegate
their caliphate to him for administrative purposes.” It is perhaps
on account of this fact that a Muslim ruler is required to conduct
governmental affairs in consultation with the people. The Qur’an
addresses the Prophet of Islam and says: “…… And consult with them
upon the conduct of affairs ….” (3:159). No doubt the citizens of
an Islamic state have been directed by the Qur’an and Sunnah to
obey their ruler, but this obedience is available to him only if
he behaves in accordance with the Islamic injunctions.
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III- Ruler or Head of State
His qualifications
For
the head of Islamic state or government, who has been
traditionally called caliph, Ameer-ul-Mumineen (commander of the
faithful) or Sultan, the jurists of Islam have prescribed some
qualifications in the light of the Qur’an and the Sunnah of the
Prophet Muhammad (PBUH) and in the light of the conventions set by
the pious caliphs. These qualifications should be possessed by a
candidate for this prestigious post. The candidate should not only
be a Muslim but he should also be a practicing Muslim not
indulging in any major sin like fornication, drinking, gambling,
usury, shirk (polytheism), and disobedience to parents. He should
be pious with excellent moral character and should be known for
integrity, honesty, justice, kindness, forgiveness, humility,
chivalry, diligence, trust-worthiness and sense of responsibility.
He should be an adult and sane citizen of the Islamic state and
should not be greedy for the post. Al-Mawardi, a great Muslim
political philosopher of Middle Ages, lays down the following
qualifications for the post of Imam: (1) Justice, (2) Learning,
(3) Mental soundness, (4) Physical fitness, (5) Wisdom, (6)
Bravery, (7) Quraishite descent. However, regarding the
qualification of Quraishite descent, many other jurists differ
with Al-Mawardi and reject his views. Of course, relying on verse
13 of Chapter 49 of the Holy Qur’an we can turn down the view of
Al-Mawardi as the criterion of nobility in Islam is piety and not
noble descent, race, colour or place of birth.
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His Appointment
The
appointment of the head of state (called Imam or Amir or Caliph in
Islamic terminology) is a very important question. Islam favours
election instead of designation through nomination or hereditary
principle. To understand the Islamic point of view, let us have a
look at the early history of Islam.
Prophet of Islam, like any other messenger of Allah, was
commissioned by the Almighty Allah Himself as Prophet. After his
migration from Makkah to Madinah, he established a small Islamic
state at Madinah and became its first head. Despite strong and
perpetual opposition from the non-believers and the Jews, this
state grew into a mighty one before the death of Prophet in 632
A.D.
Prophet Muhammad (PBUH) did not nominate his successor nor left
any explicit instructions on the question of selection or
appointment of his successor. In the absence of any nomination by
the Prophet, the companions of Muhammad (PBUH) rightly inferred
that the selection of head of state has been left at the
discretion of the Muslim Ummah, which was to be exercised in
accordance with the spirit of the Qur’anic injunction: “They
decide their affairs with mutual consultation” (42:38).
As
soon as the news of the demise of the Prophet became known, the
helpers (ansars), particularly the chiefs of Banu Khazraj,
proceeded to hold a conference at a place called ‘Saqifa Bani
Saadah’ to elect successor. Hearing this, Abu Bakr, Umar and Abu
Obaidah hurried to the place of meeting. After some discussion in
conference of Saqifa, Abu Bakr was chosen as the first caliph of
Islam. Umar proposed his name, Abu Obaidah seconded it and the
people present in the conference endorsed and accepted. On the
following morning, when Abu Bakr took his seat on the pulpit in
the mosque where the Holy Prophet had been accustomed to address
his followers, Umar called upon the Faithful to swear allegiance
to Abu Bakr and those who had been present at the meeting the
night before, renewed the oath of allegiance they had then made
and the rest of assembly followed their example. The people were
guided in their choice by factors like seniority, merit, nobility
of birth and his Quraishite origin.
The first caliph Abu Bakr was thus elected publicly with the
general consent of the Muslim community.
Umar
was subsequently made caliph. When he felt that death was
approaching him, Abu Bakr consulted his companions for nomination
of his successor. Though he was personally convinced that Umar was
the fittest person to be the caliph yet he did not, forthwith,
announce his nomination. He called certain companions and
consulted them about nomination of Umar. People like Abdul Rahman-bin-Auf
told Abu Bakr that Umar was of hot temper and was not suitable. To
this, Abu Bakr replied that his hot temper will cool down when he
is entrusted with public responsibilities. Then the caliph
consulted Usman and some other companions who gave their opinion
in favour of Umar. Abu Bakr then gathered the people in the Mosque
of the Prophet and announced the nomination of Umar, addressing
the people thus:
“Are
you willing to accept him your Amir whom I nominate as my
successor? God is my Judge, I have left no stone unturned in
coming to (the best) conclusion in this matter. I am not
nominating anybody related to me. I nominate ‘Umar son of Khattab
as my successor. Therefore, listen you all to him and obey him.”
From the crowd the people cried: “We have heard and we accept.”
Here we find that Abu Bakr only suggested and recommended the name
of Umar after consultations with those in whom the people had
confidence, and then it was put to the vote of the Muslim masses
who accepted him.
Caliph Usman was chosen yet in another way. When Umar was
seriously wounded and he was nearing his death, he set up a
regency or council of elders consisting of six most notables of
the Muslim Ummah, namely, Abdul Rahman-bin-Auf, Saad-bin-Abi
Waqqas, Usman-bin-Affan, Ali-bin-Abi Talib, Zubair-bin-Awwam and
Talha. The caliph strictly forbade the nomination of his son
Abdullah and instructed the members of the council to select his
successor within three days of his death. He also declared that
whosoever tried to become Amir without the approval of Muslim
masses was to be beheaded. The council appointed Abdul Rahman-bin-Auf,
one of its members who had expressed his intention not to be
interested in the post, to decide the issue. Abdul Rahman
conducted a survey and went around Madinah to ascertain the public
opinion. He even met the visitors and pilgrims to know their
views. From his enquiries, he came to the conclusion that either
Ali or Usman can be the caliph as they commanded the people’s
approval. He, thereafter, gathered the people in the Mosque of the
Prophet after morning prayers, to nominate the caliph from among
Ali and Usman. Addressing Ali and Usman he said. “You have to
follow the Qur’an and Sunnah and practice of Abu Bakr and Umar”.
To this, Usman agreed but Ali replied that he would, no doubt,
follow the Qur’an and Sunnah, however he would follow the previous
two caliphs only to the extent to which his knowledge and power
allowed him. Thus Usman was nominated by Abdul Rahman and other
members of the council and soon afterwards he was elected by the
Ummah.
Usman’s tragic assassination created a serious situation for the
Muslim Ummah. So some companions gathered in the house of Ali and
persuaded him to accept the responsibility of caliphate, but Ali
declined. When the companions insisted that there was no more
suitable person than him and that the Muslim Ummah needed him in
her critical moments, Ali agreed on the condition that he should
be accepted as Amir openly by the community in the Mosque of the
Prophet. Therefore, the people assembled in the Mosque of the
Prophet at Madinah and unanimously elected Ali as caliph of the
Islamic state.
From
the foregoing discussion, it is crystal clear that different modes
of election for the head of state were adopted by the companions
of the Prophet (PBUH) during the pious caliphate. Since, the law
does not specify any particular method of appointment of the head
of state, therefore, the companions regarded this issue as
something which can be rightly varied in accordance with the best
interests of the Muslim Ummah. However, the legal consequences
which flow from the conduct of the companions of the Prophet and
right-guided caliphs are: that the head of state should be elected
with the popular will and not imposed forcibly from above; that no
particular class has monopoly of this post and that elections
should be fair and free. Different methods can be adopted to
assess the public opinion about the candidates in different
circumstances at different places. In the contemporary Islamic
state, the modern system of elections can be adopted. The head or
President may be elected directly through general elections in
which every adult citizen is entitled to vote. He may be elected
indirectly by an electoral college comprising the representatives
of the people.
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His Bai’at or allegiance
As
soon as an Ameer or Caliph of the Islamic state is elected, all
the citizens offer Bai’at or allegiance to him. The Bai’at or oath
of allegiance is not only a sort of ratification or confirmation
of his election but is also a pact, a covenant or a contract
whereby the people express their resolve that they would obey him
and stand with him through thick and thin. The prophet also used
to secure the oath of allegiance or Bai’at from the believers,
male and female, on their conversion to Islam and on very
important issues faced by the Muslim community, e.g. on the
occasion of
Treaty of Hudaibyia
he took Bai'at from the companions Verse 12 of Chapter 60 of
al-Qur’an mentions oath of allegiance of the women. According to Marmaduke Pickthall, “this is called the women’s oath of
allegiance. It was the oath exacted from men also until the second
pact of al-Aqabah when the duty of defence was added to the men’s
oath.”
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Obedience due to him
The
Qur’an gives paramount importance to the Ulul-amr (the rulers) of
the Islamic state and the obedience to them has been made second
only to the obedience which is due to God and His messenger. Thus
the followers of Islam are obliged to obey their rulers and stand
united with them through thick and thin. However, there are limits
to this obedience: Firstly that the rulers should be from among
the Muslims and secondly that they should not be transgressors and
disobedient to God and God’s messenger. If the rulers transgress
the limits of God and openly disobey rather ridicule the
injunctions of Islam, they need not be obeyed.
Abu
Bakr, when he was made the first caliph of the Islamic state,
explained this point. He said; “If I am right, help me. If I am
wrong, correct me. Obey me so long as I follow the commandments of
Allah and the Prophet (PBUH), but turn away from me when I
deviate.”
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His functions and duties
The
main duties and functions of the Ameer or the ruler of Islamic
state, as briefly stated, are: dispensation of justice;
establishment of law and order; establishment of Islamic system
specially system of Salat and Zakat and enjoining good and
forbidding wrong; protection of state and its citizens against the
aggression of enemies, internal or external; enforcement of
Islamic laws and Hudood; looking after the welfare of the people
particularly the poor, the sick, the orphans, the widows. Al-Mawardi
has beautifully summarized the functions and duties of the Imam as
follows:
-
To safeguard and defend the Faith of
Islam against heresies and innovations.
-
(The dispensation of justice
according to principles of Islamic shariah.
-
The maintenance of law and order in
the country.
-
The enforcement of Hudood i.e./ the
criminal code of the Qur’an.
-
The defence of frontiers against
foreign invasion.
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The organization and execution of
Jihad against non-believers in order to establish the supremacy of
Islam over all other religions.
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The imposition and collection of
Zakat and Kharaj.
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The sanction of stipends and
allowances from Bait-al-Mal (state treasury) to the needy, poor
and disabled.
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The appointment of efficient and
honest persons to the important public offices.
-
The Imam should personally look into
the government affairs and should have his strong hold on the
government protecting the interest of his subject, and carefully
look into the foreign policy issues.
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IV- Counsel (Shura)
Institution of consultation
Foundation of Islamic political system is governance
by consultation. The institution of consultation is so important
in the body-politics of Islam that one of the Chapters of the Holy
Book of Islam, al-Qur’an, has been named “Shura”. Following verses
of the Qur’an and traditions of Prophet Muhammad (PBUH) provide
sanction for this institution:
-
It was by the mercy of Allah that thou wast lenient
with them (O Muhammad), for if thou hadst been stern and fierce of
heart they would have dispersed from round about thee. So pardon
them and ask forgiveness for them and consult with them upon the
conduct of affairs. And when thou art resolved, then put thy trust
in Allah. Lo! Allah loveth those who put their trust (in Him).
(3:Al-Imran:159)
-
And those who answer the call of their Lord and
establish worshp, and whose affairs are a matter of counsel and
who spend of what We have bestowed on them. (42:Ash-Shura:38)
-
Ali asked the messenger of Allah: O Messenger of
Allah! What should we do if, after your demise, we are confronted
with a problem about which we neither find anything in the Qur’an,
nor have anything from you? He said, “Get together the obedient
people (to Allah and His law) from amongst my followers and place
the matter before them for consultation. Do not take decisions on
the basis of any single person.” (Alusi quoted in ‘Concept of the
Islamic State by Encyclopedia of Seerah’)
-
Ali reported that the messenger of Allah said: “The
man who gives counsel to his brother knowing well that it is not
right does most surely betray his trust.” (Abu Daud quoted in
‘Concept of the Islamic State by Encyclopedia of Seerah’)
-
It is reported on the authority of Ali-bin-Abu
Talib that when the Messenger of Allah was asked to explain the
implications of the word ‘azm’ which occurs in verse 159 of al-Imran
referred to above, he said: It means taking counsel with
knowledgeable people and, thereupon, following them therein.” (Ibn
Kathir quoted by Muhammad Asad)
-
Umar-bin-al-Khattab declared: There can be no
khilafat except by consultation.
-
The Prophet is reported to have said to his two
illustrious companions, Abu Bakr and Umar: “If you two agree on a
point, I shall not differ with you.” (Ahamd, Ibn Kathir)
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Practice of the Prophet and the righteous caliphs
Acting upon the command of Allah contained in verse
159 of Chapter 3 of the Holy Qur’an, the Prophet of Islam always
consulted his companions on all important issues regarding which
he did not receive any guidance through revelation. For example on
the occasion of the Battle of Badr, the Prophet (PBUH) selected a
certain place for his army which was not suitable in the view of
his companions. When he was asked whether his decision was
according to revelation or according to his own opinion, the
Prophet replied that it was his won opinion. Then, he was advised
by the experienced persons like Al-Hubab Ibn Mundhir to change his
decision in favour of a more suitable place which the Prophet
readily did. On the occasion of Battle of Uhud, the Prophet wanted
to defend the attack of Quraish while staying in Madinah, but
majority of his companions, particularly the youth among them
wanted to come in the open and fight against the enemy. He
accepted the opinion of majority and came out of Madinah for the
battle which was fought at Uhud. In the Battle of the Allies (Ahzab),
the Prophet accepted the advice of Salman the Persian and defended
Madinah with the help of a trench which was dug around the city.
These are few examples of the consultation of the Prophet with his
companions. He used to hold such consultative deliberations with
his companions and tribal chiefs or representatives not only on
the issues of war and peace but also on other socio-economic
issues of importance arising before the government.
The Prophet did not nominate his successor. After his
demise in 632 A.D., the companions elected their senior and most
pious colleague, Abu Bakr, as Caliph. Election took place in an
open place with mutual consultation and was confirmed with general
Bai’at (allegiance) of the Muslim community. Three other righteous
caliphs, Umar, Usman and Ali were also elected by the people with
mutual consultation although each time the election was held in a
different way.
During the reign of the pious caliphs, the institution of
consultation was gradually formalized and the concept of standing
advisory council emerged. The caliph used to consult his advisory
council on every important issue confronting the Islamic state.
It is unfortunate that after the death of Ali, the fourth and the
last righteous caliph, the republic was transformed into absolute
monarchy and institution of consultation also lost its importance.
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