Islam and public affairs (IV)

IN the Name of Almighty Allah, the Beneficent, the Merciful.

Beyond the underlining principles of political Islam, which are sovereignty, equality, popular consultation (shura), consensus (ijma), adoption of majority decisions or votes by all participants in political processes, justice and obedience and opposition to authority, it is pertinent to highlight the basic political theories of Islam. These theories form the basis of ideological operations of public affairs to provide the bare needs of life to the people.

Much as the state that situates its sovereignty to God operates on theocracy as such government relies on the Holy Qur’an and the practice of Prophet Muhammad (SAW) Sunnah as guidance legally. And the leadership are accountable to God Almighty and the people. Thus Muhammad Muslih and Michaelle Browers (2009) note on “Democracy” in The Oxford Encyclopedia of the Islamic World that there are three major perspectives on democracy among prominent Muslim thinkers who have sought to develop modern, distinctly Islamic theories of socio-political organisation conforming to Islamic values and law.

First is the Islamic political theory of the rejectionist view, elaborated by Muhammad Rashid Rida; Sayyid Qutb; and Abul A’la Maududi, condemns imitation of foreign ideas, drawing a distinction between Western democracy and the Islamic doctrine of Shura (consultation between ruler and the ruled). This perspective, which stresses comprehensive implementation of Sharia, was widespread in the 1970s and 1980s among various movements seeking to establish an Islamic State, but its popularity has diminished in recent years.

Second is the moderate Islamic political theory, which stresses the concepts of Maslaha (public interest); ‘Adl (justice); and Shura (consultation). Islamic leaders are considered to uphold justice if they promote public interest, as defined through Shura. In this view, Shura provides the basis for representative government institutions that are similar to Western democracy, but reflect Islamic rather than Western liberal values. Hasan al-Turabi, Rashid al-Ghannushi; and  Yusuf  al-Qaradawi have advocated different forms of this Islamic political theory.

Third is the liberal Islamic political theory as influenced by Muhammad Abduh’s emphasis on the role of reason in understanding religion. It stresses democratic principles based on pluralism and freedom of thought. Authors like Fahmi Huwaidi and Tariq al-Bishri have constructed Islamic justifications for full citizenship of non-Muslims in an Islamic state by drawing on early Islamic texts. Others, like Mohammed Arkoun and Nasr Hamid Aby Zayd, have justified pluralism and freedom through non-literalist approaches to textual interpretation. Abdolkarim Soroush has argued for a ‘religious democracy” based on religious thought that is democratic, tolerant, and just. Islamic liberals argue for the necessity of constant re-examination of religious understanding, which can only be done in a democratic context.

Meanwhile, in the context of such heavy responsibilities the heading of the Islamic State or assumption of any other important portfolio in its set-up is a very difficult job so much so that that Holy Prophet (may peace be upon him) compared it to the slaughtering of one with a blunt knife. No person, therefore. who is conscious of the responsibilities of the job, covets to assume that; he rather shirks it and accepts it only when he is compelled to do so. The Holy Prophet (may peace be upon him) declared that person to be quite unfit for office in an Islamic State who is covetous of it, as he is either ignorant of its grave responsibilities or desires to take undue advantage of his official power.

However, in the administration of public affairs in Islam, the State has basic rights and duties to the people and vice-versa. As for the rights, the Islamic State can claim full loyalty from all its citizen, wholehearted cooperation in all sectors of life, and complete obedience to the law of the land and the commands of the rulers so long as they are in conformity with the Laws of the Shari›ah.

But where the rulers transgress the limits of the citizens have the right, not only to withdraw co-operation, but also to check the rulers from acting against the Commands of Aliah and His Apostle (may peace be upon him).

This is in line with the tradition of Prophet Muhammad (SAW) that says, It has been narrated on the authority of Yahya b. Husain who learnt the tradition from his grandmother. Umm Husain. He said›: I heard her say: I performed Hajjat-ul-Wada› in the company of the Messenger of Allah (may peace be upon him). He said a lot of things (on this occasion). Then I heard him say: If a maimed slave is appointed a commander over you the narrator says: I think she said: «a black stave» who leads you according to the Book of Allah, then listen to him and obey him” (Book 20, N0. 4532, Sahih Muslim).

Also, Sahih Muslim in Book 20, No 4517 says, It has been narrated on the authority of Ibn Juraij that the Qur›anic injunction: «0 you who believe, obey Allah, His Apostle and those in authority from amongst You» (iv. 59)-was revealed in respect of ‹Abdullah b. Hudhafa b. Qais b. Adi al-Sahmi who was despatched by the Holy Prophet (may peace be upon him) as leader of a military campaign. The narrator said: He was informed of this fact by Ya›la b. Muslim who was informed by Sa›id b. Jubair who in turn was informed by Ibn Abbas.

Another related Hadith relates that the citizens should refuse to obey leaders that acts on sinful deeds to God Almighty. It has been narrated on the authority of Ibn ‹Umar that the Holy Prophet (may peace be upon him) said: “It is obligatory upon a Muslim that he should listen (to the ruler appointed over him) and obey him whether he likes it or not, except that he is ordered to do a sinful thing. If he is ordered to do a sinful act, a Muslim should neither. listen to him nor should he obey his orders” (Book 20, No. 4533, Sahih Muslim).

The citizens are also required to pay taxes due to the State quite willingly and not to misappropriate its funds, and to participate in Jihad in any capacity for which they are deemed fit by the authorities of the Islamic State.

So far as the duties of the Islamic State are concerned, the first and foremost duty is to protect the life, property and honour of every citizen, irrespective of his caste, creed, colour, religion or social status.

Moreover, it is also the duty of the Islamic State to protect the freedom and individual liberty of every citizen so long as there is no valid reason to curtail it. It cannot be done as an arbitrary act. The State is authorized to lay hands upon it through due process of law.

Again, freedom of expression is one of the fundamental rights of the citizen which an Islamic State must respect.

Then, it is also the duty of the Islamic State to see that no citizen remains unprovided for in respect of the basic necessities of life, viz, food, clothing, shelter, medical aid and education, for the Holy Prophet Muhammad (may peace be upon him) said: «The government is the guardian of those who have no guardian.»

Moreover, the state is bound to create such conditions in which the good reigns supreme in the society and evil is suppressed and exterminated, and its citizens learn to live as good Muslims.

However, is there any compatibility between western democracy and Islamic political system?

The major differences in the Western democracy and Political Islam are very fundamental on a parallel line, that cannot meet. The Islamic political system is theocratic which is a system of government in which a religious body holds unlimited power. The system of government in a theocracy may be democracy, dictatorship, monarchy, oligarchy, and sovereign et al. This is not so in Western democracy.

Also, Islamic political system is under the banner of God Almighty, the Creator of Heavens and the earth, as God is the Sovereignty in an Islamic State.

The Islamic political system is also based on the Shari’a Law i.e. the Holy Qur’an and the Sunnah, Practice of Holy Prophet Muhammad (SAW). This is the Law of God and the Practice of His Prophet (SAW).

In the separation of powers under the Islamic State, there are two separate branches of government. The Sultan, Caliph, or Amir is the Head of State and the Scholarly Class (Ulama), a group of scholars regarded as guardian of Islamic law (sharia), who limits the legislative powers of the the Sultan or Amir. Since the sharia law was established and regulated by the schools of Islamic jurisprudence, this prevented the caliph from dictating legal results. Sharia-compliant rulings were established as authoritative based on the Ijma (consensus) of legal Muslim scholars, who theoretically acted as representatives of the entire Ummah (Muslim community). After law colleges (Madrasa) became widespread beginning with the 11th and 12th century CE, students of Islamic jurisprudence often had to obtain an ijaza-t al-tadris wa-l-ifta (license to teach and issue legal opinions) in order to issue valid legal rulings. In many ways, classical Islamic law functioned like a constitutional law.

The Shura Council serves as counselling body to advise the Amir or Caliph or Head of State as God Almighty dictates in the Holy Qur’an, Shura, 42:38: “Those who hearken to their Lord, and establish regular prayer; who (conduct) their affairs by mutual consultation; who spend out of what We bestow on them for sustenance.” Also, Qur’an, Al-Imran 3:159 says, “It is part of the mercy of God that thou dost deal gently with them. Wert thou severe or harsh-hearted they would have broken away from about thee; so pass over (their faults) and ask for (God’s) forgiveness for them; and consult them in affairs (of moment). Then when thou hast taken a decision put thy trust in God. For God loves those who put their trust (in Him).”

May Almighty Allah guide us aright in the understanding of political Islam. Amen.

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