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The essence of
democracy is the representation of the members of a political or
social unit in managing its affairs. Essentially, a simple majority,
by a head count of those who participate in the process, constitutes
that representation and legitimizes all policy formulations and
actions thereupon. Modern democracies are built on this model. Despite
the nobility of its concept and many virtues, a major weakness of the
model is that an individual considers himself minuscule in the big
picture and ineffective in influencing the behavior of those who are
entrusted with the responsibility of leading the unit.
Thus, the apathy factor keeps a significant segment of the
population from participating in the process. Overall, it is a small
but organized minority, comprising of interest groups, opinion makers
and the like, that makes decisions for a disenchanted majority by
default and charts out its future.
Islam, however, is
the pioneer in introducing the widely cherished concept of
consultation in conducting common affairs. But the applications of
this concept are broad. The
Qur'an says: "… those who… conduct their affairs by mutual
consultation…[Q, 42: 38]. Consultation
is referred to here as the best quality of the believers and an
important pillar of the Islamic way of life.
The emphasis on consultation is obvious from the name of this
particular sura (chapter) of the Qur'an as "Ash-Shura,"
which mean the Consultation. Conducting
the affairs of collective life without the facilitation of this
discourse is not just a way of ignorance, but an express violation of
the law prescribed by Allah (s).
Interestingly, the
context of affairs referred to above is unspecified and, therefore, is
not limited to a particular environment.
In principle, any decision that has implications for the lives
of others must be made through consultation. The smallest social
congregation of humans comprises of two individuals; husband and wife,
for example. Accordingly, the
process of consultation in Islam, as numerously demonstrated by
the Prophet Muhammad (s), begins at the family level and continues to
the highest level of national and international issues. In all open
matters, where specific directives have not been issued by Allah (s),
the obligation of engaging in consultation for the Prophet (and the
followers) is clearly stated in the Qur'an: "…(O
Muhammad)…consult with them (followers) upon the conduct of
affairs…[Q, 3: 159].
Consultation is a
wise approach for at least three reasons. First, it is an injustice to
decide a matter by using personal opinion ignoring those whose
interests are involved. Justice
demands that all parties concerned be consulted; and in the case of a
large number of people, their trustworthy representatives should be
part of the consulting process. Second,
a person deprives others of the benefits of exchange of ideas because
he selfishly wants to seize the rights of others, or he is simply an
arrogant creature. Morally, both qualities are repugnant for a Muslim.
Third, and most importantly it is a grave responsibility to
make decisions in matters where others' interests are at stake.
No conscientious person, who fears accountability by his
Creator, can dare carry this burden all by himself. He would
meticulously deploy the means of consultation for reaching a broad
based decision that would best serve everybody's interests.
Should a judgmental error occur, no one alone would be held
accountable.
These
considerations enable one to fully understand that consultation is a
necessary demand of morality that Islam has taught to man.
A departure from it is an act of immorality. The Islamic way
requires that the opinion of all members should be solicited in every
collective affair, big or small. This rule applies to family, tribe,
community, city, and the country as a whole. The head of the
government should be chosen by the common consent of the people, and
he should conduct the national affairs in consultation with the
leaders of opinion, whom the citizens regard as people of integrity
and vision.
The principle of
consultation as enshrined in the piece of the Qur'an [42: 38] by
itself demands several things. The people, whose rights and interests
relate to collective matters, should have full freedom to express
their opinion and they should be kept duly informed of how their
affairs are being conducted. The rulers must be accountable to those
they serve and people should have the power to change their rulers if
found incompetent or dishonest. The person who is to be entrusted with
the responsibility of conducting the collective affairs, should be
appointed by people's free consent, and not through coercion,
temptations, fraud or deceptions. The election processes of modern
democracies are plagued with such tactics.
The advisers to the head of the state should be from those who
enjoy the confidence of the nation and they should have full freedom
to express their opinions. The
opinions of the adviser should, however, be based on their knowledge
and must conform to their faith and conscience.
For consultation to have any meaning, the advice which has
consensus or public support must be accepted by the rulers and
followed through; otherwise, consultation will be an exercise in
futile.
With all the
significance placed on consultation in any Islamic setting, it must
also be kept in view that this consultation is not open ended or
autocratic in its nature. Rather
it is subject to the Shari'ah and common bounds legislated by Allah
(s): "It is for Allah to give a decision in whatever you
differ…, " [Q, 42: 10] and
"…if there arises any dispute among you about any thing, refer
it to Allah and the Messenger…" [Q, 4:59].
According to this general principle, consultations can be held
in Shari'ah matters with a view to determining the correct meaning of
a text or verse and to find out the ways of implementing it so as to
fulfill its requirements in letter and spirit.
Consultations in order to render an independent judgment in a
matter, which has already been decided by Allah (s) and His Messenger,
would constitute a defiance against Allah (s) and a rebellion against
His injunctions.
Just as
consultation is required in mutual affairs that affect collective
life, imposition in any matter on people against their will is also
prohibited with equal force. It is resoundingly declared: "there
is no compulsion in Deen…[Q, 2: 256].
In other words, people cannot be forced to live against their
will, including religion and government, and they cannot be denied of
their right to choose either. This is the foundation of the Islamic
democracy, which was laid down by the Prophet (s) himself.
He established the first Islamic State in Madina and governed
it as its head by virtue of being the Prophet of Allah.
Despite ample opportunity, he passed away, however, without
naming his successor. There cannot be a better example of instituting
democratic traditions than this particular practice of the Prophet(s).
He set the record and gave a clear signal to his followers that in
Islam leadership is neither hereditary nor an appointed position.
He intentionally left that office open, allowing people to
exercise their right to choosing their own leader.
After the death of
the Prophet (s), a government was constituted on the principles of an
Islamic State. The Prophet (s) himself had nurtured a society of righteous
people. Each individual
of that society had a full understanding of the system of government
that would meet the criteria of an Islamic State and fulfill the needs
of a Muslim community. Although
the Prophet (s) had not given any specific instructions for his
succession, the members of the Muslim society had developed the vision
that Islam demands a government with the characteristics of governing
by consultations. The four caliphs, who successively followed the
Prophet (s), reinforced his tradition during their periods as the
central pillar of the Islamic system of government.
Two major
characteristics of the Islamic system distinguish it from all other
democracies. The first difference is in the area of legislation. A
general rule in Islam is that: "Allah does not burden any human
being with a responsibility heavier than he can bear…[Q, 2: 286].
Formulating laws for other fellow humans is a responsibility
that no human being, however brilliant and selfless, is capable to
fulfill. Among the major
categories of leaders that masses either faithfully or involuntarily
follow is that elite class of people in power that lays down the laws
for others to obey. Unfortunately,
they all suffer from the same array of human weakness as those they
aspire to lead. None of
them is above the fray of his personal desires and predilections, or
possesses the breadth of vision necessary for taking into account the
whole gamut of issues relating to human life. These human limitations
inevitably lead to the conclusion that the need of impartial and
balanced legislation can be met only by the one who is free from these
shortcomings and has sufficient knowledge, power and a comprehensive
vision of the entire humanity, generations after generations.
The political
system of Islam is based on its concept of the universe itself.
Allah is the Creator of the universe, man, and all things that
man benefits from. Allah
defines Himself in the Qur'an: "He it is Who created the heavens
and the earth in truth …"[6:73].
Further, He says: "O mankind! Fear your Lord who created
you from a single soul and from it created its mate and from them
spread a multitude of men and women…"[4:1]
On the basis of
this concept of the universe, the Qur'an asserts that Allah's
sovereignty extends over humans as well and, consequently, the true
ruler of man is the same as the ruler of the universe: "Say:
Shall I seek another besides Allah for Lord, when He is Lord of all
things…?" [6:164] The authority to rule and make decisions
belongs to Allah; man must submit to his Creator, and this is the
right way: "…The authority rests with Allah alone, Who has
commanded you that you worship none but Him.
This is the right religion, but most people do not know."
[12:40]
For these reasons,
the legislative sovereignty also rests with Allah, Who formulates laws
for all His creations, including the man, and nobody else has the
legitimacy to regulate others. The Qur'an instructs that the obedience must be to Allah and
His commands alone: "Say (O Muhammad): Lo! I am commanded to
worship Allah, making religion pure for Him.
And I am commanded to be first of those who surrender (unto
Him)." [39:11,12]
Thus, in an
Islamic system, the basic legislative framework has been provided by
Allah (s) and cannot be modified.
With this major source of political corruption and
authoritative practices closed, people need only to choose a person
who can implement those laws. As the second highlight of the
democratic system of Islam, such a person is not sovereign but
subservient of Allah, conforming to the meaning of Khalifatullah
(Allah's representative). He
must meet the criteria of demonstrated leadership qualities and
unyielding loyalty to Allah's Laws and the Sunnah (sayings and
practices) of the Prophet(s) - also collectively known as Shari'ah.
Without the artificial divide of public and private, personal
character shaped by the fear of Allah is the primary qualification for
being a leader. Among the
disqualifications, on the other hand, is to seek a leadership
position. A person may be considered worthy of this responsibility by
earning public trust through a track record of selfless public service
only. Once elected, the
constituents must give their full support to their leader, as
instructed by the Prophet (s): "I counsel you to fear Allah and
to give absolute obedience even if a slave becomes your
leader…"(Abu Dawud /28 ;Tirmidhi). In turn, he is answerable to
them for all his actions and relinquishes power if asked.
Full obedience to
a leader, who meets the criteria described earlier, is an Islamic
obligation. The reason is
simple: all of his decisions are made on the basis of guidance
directly from the Qur'an or the sunnah of the Prophet (s); otherwise
by consultation with the learned in the society.
Actions not rooted in the Qur'an or the sunnah or lacked the
approval of the Muslim scholarship, at the minimum, are not even
contemplated. To
ascertain the legitimacy of his actions, he establishes a
Majlis-e-shura (Council of advisers, possessing the best talent and
the Islamic knowledge). As a result, the collective decisions and
policies endure Islamic character that others must follow
According to the
Qur'an, the judgment of Allah and His Messenger is the Supreme Law
that the believers conform to for the cultivation of their Islamic
character. When they are called upon, they are prompt in their
response: "The
attitude of true believers, when they are called toward Allah and His
Messenger to judge between them, is to say: we hear and we obey; and
such are successful." [24:51]
In an Islamic
society the state recognizes the Legal Sovereignty of Allah and His
Messenger and surrenders its authority to the Supreme Law. It accepts
the role of vicegerency under the True Ruler.
In that capacity, man is Prophet's representative under Allah's
Sovereignty and not independent: "O Dawd! Lo! We have set you as
a viceroy in the earth; therefore judge aright between mankind, and
follow not desire that it leads you astray from the way of
Allah…"[38:26]
April
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May 2002
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