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Introduction
Allah Taala is
Sovereign. Islamic political system is based on its specific worldview
that is essential to know in any understanding of Islam. The Qur'an
tells us that Allah Taala is the Creator and Lord of the whole
universe including humankind and all that is associated with them. He
is overpowering and is irresistibly dominant over all His creation. He
knows all and governs all. He is ever living and everlasting and all
His creation, willingly or unwillingly, is obedient to Him. Whatever
He wills gets done. It is His power that is established and none can
interfere in it in anyway. Thus it is Allah Taala who possesses all
the powers and attributes of sovereignty and none else whatever
possesses any of these. Therefore, the sovereignty of the entire
universe only belongs to Allah Taala alone and none other than Him has
a share in it.
Similarly,
sovereignty over all of humankind rightfully belongs to Allah Taala
and no human or nonhuman power could control or decide any of the
human affairs. The only difference between humans and others of Allah
Taala's creation is as follows. While in all of the universe and even
in the autonomous part of human's own body His sovereignty is
established automatically, it is the part that is granted autonomy by
Allah Taala where it is not forcibly established. It is rather
established by inviting humankind to willingly submit themselves
according to the course established by Him in the revealed scriptures.
The Qur'an is very explicit on this: Is it not His to create and to
govern? (Al Araf, 7:54).
The Command is for
none but Allah. He has commanded you not to surrender to anyone save
Him. This is the Right Way of life, but most men understand not.
(Yusuf, 12:40).
We have sent you
the Book in Truth that you (O Prophet) might judge between men, as
guided by Allah (Al Nisa, 4:105).
If any fail to
judge by (the light of) what Allah has revealed, they are (no better
than) unbelievers, …the wrongdoers…those who rebel (Al Maidah,
5:44-47).
Popular
Vicegerency
The position of
humankind is that of Allah's vicegerent (khalifah), or Allah Taala's
representative on earth. The nature of this vicegerency (khilafah)
described in the Qur'an is as follows. Whatever capacities and
abilities humans possess, they are bestowed upon them by Allah Taala.
Allah Taala bestowed these gifts on humans so that using them and the
will granted them by Allah Taala, they follow and establish His will
in their lives as His representatives and not as autonomous entities.
This khilafah has
been entrusted on all those who accept Allah Taala as their Lord and
Sovereign. The concept is one of popular vicegerency, shared by all
believers alike. This vicegerency also means that limited authority
has been delegated to those who run the affairs of believers.
Moreover, the authority is bestowed not on any chosen person, family,
tribe, ethnicity, race or group of people but on all believers, men
and women. The Qur'an states: Allah has promised to those among you
who believe and work righteous deeds, that He will assuredly make them
succeed (those who rule) and grant them vicegerency in the land just
as He made those before them succeed others (Al Nur, 24:55).
Therefore, the two
cardinal principles of governance as laid down by the Qur'an are:
first, sovereignty belongs to Allah Taala and second, the popular
vicegerency belongs to all believers. Thus legitimacy in the Islamic
political order comes first and foremost from accepting Allah Taala as
the Sovereign and His Law, i.e. Shariah as the Supreme Law. And
secondly that the society must be governed by and in accordance with
the will of the people. The people or the Ummah are the actual
repository of khilafah and those in authority must have the confidence
and support of the Muslim population. In this context, Shariah
provides a broad framework within which the people under the umbrella
of Divine Guidance participate in developing a civil society and its
institutions including various organs of the state.
Shura or Common
Consultation
The whole system
of Islamic State from its inception to the selection of the head of
the state and all those in positions power as well as its dealings
must be conducted by shura, whether it is carried out directly or
indirectly through selected or elected representatives. The Qur'an
states: "Their affairs are decided by consultations between
them" (Al Shura, 42:38). Even the Prophet (s) although he was the
recipient of direct guidance from the Supreme Allah, was commanded:
"Consult them in affairs (of moment)" (Al Imran, 3:159).
Following this advice and lead, Khalifah Omar (r) admonished:
"There is no khilafah without consultation." (Please refer to
Kanz al ammal, vol. 5, Hadith number 2354).
Thus the practice
of shura was the mechanism followed at all levels in the selection of
political leadership by Muhammad (s) and his followers. It was the
Islamic community that selected the first four rightly guided khulafa,
although the method of selection and the process of approval differed.
The essential principle was consent and confidence of the community
and the accountability of those selected before the community. Even
afterwards when the heredity rule crept in that violated this
community right, a façade of bayaa, or community's acceptance of
rulers was still maintained. Sayyid
Mawdudi (r) in his renowned treatise Khilafat wa Malookiat has
described that in selecting or electing persons to positions of power
the following four criteria must be given due consideration in the
light of Qur'anic injunctions.
1. It should be
only delegated to those who acknowledge the principles, on which the
system of khilafah is based, because it cannot be entrusted to persons
who oppose it.
2. It should not
be entrusted to tyrants and those who are disobedient to Allah Taala
or known sinners but to God-conscious, considerate and righteous
believers.
3. It should not
be given to the foolish and ignorant but to the knowledgeable, wise
and those who understand the state affairs and are capable of running
it, mentally and physically.
4. It should be
entrusted to the honest such as are worthy of these responsibilities.
Dispensation of
Equitable Justice
Islamic
Law based on the Qur'an and Sunnah is equally accessible to all and
equally applicable on members of the society from the lowest to the
highest, without any distinction or discrimination. The Prophet (s)
was asked to declare that: "I have been commanded to maintain
justice between you" (Al Shura, 42:15). The Prophet (s)
admonished: "The nations before you were destroyed because they
would punish the lower class criminals according to the law but would
let go those from the higher class." Then laying further
emphasis, he continued: "I swear by the Authority in whose
control is Mohammad's life, if Mohammad's daughter is guilty of
stealing, I would cut her hand off" (narrated by Bukhari, Kitab al
Hudud, Chapter 11-12). These quotations show an overriding concern for
justice in all its dimensions: legal, political, social, economic and
international. Also, all the personal, civil, political, social,
cultural and economic rights of an individual are guaranteed under
Islamic law. All people have equal rights and each and everyone is
equally responsible before the law. It is the obligation of the rulers
to ensure that each member of the society particularly the weak, is
given his due rights. Furthermore,
the rulers are not provided with any arbitrary power. Esposito and
Voll in their book, Islam and Democracy write: " In the long
standing concept of 'oriental despotism,' there is no sense of a
separation of powers or structures limiting the power of the ruler.
However, such unlimited power was not available to leaders in
classical Muslim societies and this situation is visible both in
Islamic law of political structures and in actual historical
experience. In fact, the entire corpus of the Islamic law has been
developed by the Islamic Ummah through a rational, popular process in
which the learned and the concerned took part by debate and open
discussion. It evolved outside the corridors of political power and
once established, the ruler was as much subject to it as was the
commoner. Esposito and Voll acknowledge: "It was the consensus of
those scholars and not the commands and rules of the Caliphs, that
provided the basis for formal law.
April
/
May 2002
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