Islamic Political System:
There is no separation between religion and politics in
Islam. The political system of Islam is based on three principles: TAWHID
(unity of God), RISALAT (prophet hood), and KHILAFAT (vicegerency). TAWHID
means that only God is the Creator, Sustainer, and Master of the universe and
all that exists in it, organic and inorganic. The sovereignty of this kingdom
is vested in Him. He also has the right to command or forbid, and His
commandments are the law. The medium through which we receive the law of God is
known as RISALAT.
We have received two things from this source:
The Quran, and the authoritative interpretation and exemplification of the
Quran by the Prophet in his capacity as the representative of God. The Prophet
[Muhammad peace and blessings of Allah be upon him] has also, in accordance
with the intention of Quran, given a model for the Islamic way of life by
himself implementing the law and providing necessary details where required.
The combination of these two elements is called the SHARI'AH. KHILAFAT means
"representation". Man [i.e. human beings], according to
Islam, is the representative of God on earth,
His vicegerent. That is to say, by virtue of the powers delegated to him by
God, he is required to exercise
his God-given authority in this world within
the limits prescribed by God. Every person in an Islamic political order enjoys
the rights and powers of the caliphate of God, and in this respect all
individuals are equal. No one can deprive anyone of his rights and powers. The
agency for running the affairs of the state will be established in accordance
with the will of individuals, and the authority of the state will only be an
extension of the powers of the individuals delegated to it. Their opinion will
be decisive in the formation of the government, which will be run with their
advice and in accordance with their wishes. Whoever gains their confidence will
carry out the duties of the caliph-
ate on their behalf, and when he loses that
confidence he will have to relinquish his office. In this respect, the political
system in Islam is as perfect a democracy as ever can be. Western democracy is
based on the concept of popular sovereignty, an Islamic political order rests
on the principle of POPULAR KHILAFAT. In western democracy the people are
sovereign, but in Islam sovereignty is vested in God and the people are his
caliphs or representatives. In the former the people
make their own laws; in the latter they have
to follow and obey the laws (Shari'ah) given by God through His Prophet. In one
the government undertakes to fulfill the will of the people; in the other the
government and the people alike have to do the will of God. Western democracy
is a kind of absolute authority which exercises its powers in a free and
uncontrolled manner, whereas Islamic democracy is subservient to the Divine Law
and exercises its authority in accordance WITH THE INJUNCTIONS OF GOD AND
WITHIN THE LIMITS PRESCRIBED BY HIM [for the benefit and welfare of the entire
society].
1.LEGISLATIVE SYSTEM:
The responsibility for the administration of the Government
in an Islamic state is entrusted to an Amir (leader) who may be likened to the
President or the Prime Minister in a Western democratic state. All adult men
and women who accept the fundamentals of the constitution are entitled to vote
in the election for the leader.
The basic qualifications for the election of
an Amir are that he should command the confidence of the largest number of
people in respect of his knowledge and grasp of the spirit of Islam; he should
possess the Islamic attribute of fear of Allah; he should be endowed with the
quality of statesmanship. In short, he should be both able and virtuous.
A Shura (consultative council), elected by the people, will
assist and guide the Amir. It is obligatory for the Amir to administer the
country with the advice of his Shura. The Amir can retain office only so long
as he enjoys the confidence of the people, and must resign when he loses this
confidence. Every citizen has the right to criticise the Amir and his
Government, and all responsible means for the expression of public opinion
should be available.
Legislation in an Islamic state should be within the limits
prescribed by the Shari‘ah. The injunctions of Allah and His Prophet are to be
accepted and obeyed and no legislative body can alter or modify them or make
any new laws which are contrary to their spirit. The duty of ascertaining the
real intent of those commandments which are open to more than one
interpretation should devolve on people possessing a specialised knowledge of the
law of Shari‘ah. Hence, such matters may have to be referred to a sub-committee
of the Shã r~ comprising men learned in Islamic law. Great scope would still be
available for legislation on questions not covered by any specific injunctions
of the Shari‘ah, and the advisory council or legislature is free to legislate
in regard to these matters.
In Islam the judiciary is not placed under the
control of the executive. It derives its authority directly from the Shari‘ah
and is answerable to Allah. The judges will obviously be appointed by the
Government but, once appointed, will have to administer justice impartially
according to the law of Allah. All the organs and functionaries of the
Government should come within their jurisdiction: even the highest executive
authority of the Government will be liable to be called upon to appear in a
court of law as a plaintiff or defendant. Rulers and ruled are subject to the
same law and there can be no discrimination on the basis of position, power or
privilege. Islam stands for equality and scrupulously adheres to this principle
in the social, economic and political realms alike.
2. JUDICIAL SYSTEM:
Man is a social being by nature. He cannot live perpetually
on his own, completely independent of others. People are interdependent.
Consequently, friction arise between them when their personal interests come
into conflict with each other, or when what they perceive as their individual
rights infringe upon those of others. Conflicts between them inevitably break
out. In some cases, one party to the conflict might be strong and aggressive
while the other is weak and condescending, incapable of defending his rights.
Because of this, it becomes necessary for there to be a way
to prevent people from oppressing one another, to ensure that the weaker
members of society receive justice, and to determine right from wrong when
issues get complicated or uncertain. This can only be realized through a judge
that has the power to give legal verdicts in cases of dispute.
For this reason, we find that the existence of a judge is
considered by Islamic law and the laws of all the other revealed religions to
be both a religious obligation and a necessity of human life. Allah says: We
have sent Messengers with clear proofs, and sent down with them the Scripture
and the Balance that mankind can establish justice.
Islam - the religion that Allah wants for mankind from the
time that He sent Muhammad (may he peace and blessings of Allah be upon him)
until the Day of Judgment - shows great concern for the judicial system and
those appointed to carry out its responsibilities. Islam prescribes for it many
legal injunctions. How else could it be, when Islam is the religion of mercy,
equality, and justice? It is the religion that comes to free people from
worshipping Creation and bring them to the worship of Allah. It is the religion
that comes to remove people from oppression and iniquity and bring them to the
highest degree of justice and freedom.
Defining the Judicial System and its Legal
basis
The judicial system in Islam is a system for deciding
between people in litigation with the aim of settling their disputes in
accordance with the injunctions of the Divine Law, injunctions that are taken
from the Qur’ân and Sunnah. All of the Messengers of Allah (may the peace and
blessings of Allah be upon them) acted as judges. Allah says: And remember
David and Solomon, when they gave judgment concerning the field when people’s
sheep had browsed therein at night, and We were witness to their judgment. And We
made Solomon to understand the case. And to each of them We gave good judgment
and knowledge. Allah also says: O David,
verily we have placed you as a vicegerent on Earth, so judge between people in
truth, and do not follow your desires for it will mislead you from the path of
Allah. Verily, those who stray from the path of Allah have a severe punishment
because they forgot the day of rec**king. Prophet Muhammad (peace be upon him),
who came with the final and eternal Message, was ordered by Allah to pass
judgment in disputes just as he was ordered to spread the word of Allah and
call people to Islam. This is mentioned in the Qur’ân in a number of places.
Allah says, for instance: So judge (O Muhammad) between them by what Allah has
revealed and do not follow their vain desires, but beware of them lest they
turn you away from some of what Allah has sent down to you.
And if you judge (O Muhammad), judge between them with
justice. Verily, Allah loves those who act justly.
-But no, by your Lord, they shall have no
faith until they make you (O Muhammad) judge in all their disputes and find in
themselves no resistance against your decisions and accept them with full
submission.
The Sunnah also provides for the legal basis
of the Islamic judicial system. It is related by `Amr b. al-`As (may Allah be
pleased with him) that the Prophet (peace be upon him) said: “If a judge gives
a judgment using his best judgment and is correct, then he receives a double
reward (from Allah). If he uses his best judgment but makes a mistake, then he
receives a single reward.” Allah’s Messenger (peace be upon him) said: “You
should not wish to be like other people, except in two cases: a man who Allah
has given wealth and he spends it on Truth and another who Allah has granted
wisdom and he gives verdicts on its basis and teaches others.” Many scholars
have related to us that there is consensus among Muslims on the legal status of
the judicial system in Islam. Ibn Qudâmah says: “The Muslims are unanimously
agreed that a judicial system must be established for the people.” A judicial
system is a necessity for the prosperity and development of nations. It is
needed to secure human happiness, protect the rights of the oppressed, and
restrain the oppressor. It is the way to resolve disputes and ensure human
rights. It facilitates enjoining what is right, forbidding what is wrong, and
curbing immoral behavior. In this way, a just social order can be enjoyed by
all sectors of society, and every individual can feel secure in his life,
property, honor, and liberty. In this environment, nations can progress,
civilization can be achieved, and people are free to pursue what will better
them both spiritually and materially.
Oppression is an unfortunate human
characteristic. If people were completely just, judges would never work and
would have no purpose.
The Independence of the Judiciary
Islamic Law, through the sacred texts and through its basic
principles, prohibits the governing officials from interfering with or
influencing the decisions of the court in any way. Islamic Law, in its general
principles and individual statutes, seeks to realize its primary objective of
establishing justice on the foundation of monotheism. Monotheism is not just
lip service. It is realized through actions that verify the profession of
faith. These actions must entail carrying out the commandments of Allah and
preventing what Allah has prohibited. This is a collective responsibility of
Muslim society. This requires that Allah’s commands and prohibitions be applied
as the standards of truth and justice. Whatever Allah has commanded is truth
and justice and whatever He has forbidden is falsehood and oppression.
Consequently, prohibiting what Allah has forbidden is truth and justice.
There are numerous verses in the Qur’ân that
command justice and forbid oppression. Allah says:
- Verily, Allah enjoins justice, doing good,
and spending on one’s relatives, and forbids licentious deeds, wrongdoing, and
transgression. He admonishes you, so perhaps you might take heed.
- And let not the hatred of others dissuade
you from justice. Be just, that is nearer to piety; and fear Allah. Verily,
Allah is well acquainted with what you do.
- And if you judge (O Muhammad), judge between
them with justice. Verily, Allah loves those who act justly.
- And whoever does not judge by what Allah has
revealed, they are the disbelievers.
In the hadîth, Allah’s Messenger relates:
“Allah says: ‘O My servants, I have prohibited oppression upon myself and made
it prohibited between you, so do not oppress one another.”
These are but a few of the sacred texts that
show the obligatory nature of judging with justice and with what Allah has
revealed. This is a general command, equally applicable to the one who governs
and the one who is governed. The political power in Islam is bound by Allah’s
Law. There is no obedience due to the government if it requires disobedience to
Allah’s Law. This is the way our pious predecessors acted upon Islamic Law. The
political leaders are merely appointed to the affairs of state. The true ruler
is Allah. The Caliph or leader is but one of the Muslims, equal with the
others. The Muslims are the ones who select him and place him in authority.
They can monitor his activities. He must consult with them. If he violates
Islamic Law and acts against the welfare of the people, they can have him
removed from office.
In the past, the political leaders of the
Muslim state understood that justice - by which the heavens and the Earth are
kept right - is the basis for governing in Islam.
`Amr b. al-`As said: “There is no political
leadership without men. There are no men available without wealth. There can be
no wealth without a prosperous civilization. Civilization cannot prosper
without justice.”
The Caliph `Umar b. `Abd al-`Azîz wrote to one
of his functionaries who sought permission to fortify his city: “Its
fortification is achieved through justice and through removing oppression from
its streets.”
Sa`îd b. Suwayd said in one of his addresses
in the city of Homs: “O people, Islam has an impenetrable wall with a secure
gate. Its wall is the truth and its gate is justice. Islam will remain
inviolable as long as the political authority is stern. This sternness is not
by whip or sword, but by judging with truth and applying justice.”
For this reason the Rightly Guided Caliphs and
the leaders of the Islamic state worked hard to bestow every possible dignity
and honor on the judiciary and strove to protect it from all outside
interference. They did this to ensure truth and justice. Therefore, they did
not attempt to turn the court rulings to their favor or the favor of those they
liked.
They, themselves, adhered to the decisions of
the judiciary, respected them, and carried them out. They accepted the verdicts
of the judge. Even when the rulings were against their own selves, they would
dutifully carry them out. The history books are full of narrations where the
Rightly Guided Caliphs and later Muslim governors were involved in litigation
with others and the judges who they themselves appointed ruled against them. In
some cases, the Caliph knew what the truthful outcome should be, but still
allowed the case to go to court in order to set an example of conduct for those
who would come after them. They would also do this to test the strength of the
appointed judges in the face of such a situation where their adversary might
even be a Jew or other Non-Muslim.
The judges, themselves, were no less concerned
about these things than the governors were. The judge in his courtroom was an
imposing and well-respected figure. He would not sway from the truth on account
of criticism. He would treat the prince and the pauper equally. The history
books give us some examples of this.
Al-Ash`ath b. Qays entered upon the judge
Shurayh while he was in his courtroom. Shurayh greeted him and bade him sit
next to him. At this time, a person came in with a case against al-Ash`ath.
Shurayh then said: “Stand up and take the defendant’s seat and address the
other.”
Al-Ash`ath said: “On the contrary, I will
speak to him from here.”
Shurayh then said: “Will you stand on your
own, or must I bring someone in who will make you stand?” At this point, he
stood up and took his place as ordered.”
Abû Yûsuf - one of history’s most
extraordinary judges - has a case brought before him where a man claimed that
he owned a garden that was in the possession of the Caliph. Abû Yûsuf had the
Caliph appear in court and then demanded that the plaintiff bring his proof.
The plaintiff said: “The caliph misappropriated it from me, but I have no
proof, so let the Caliph take a solemn oath.”
The Caliph then said: “The garden is mine.
Al-Mahdî purchased it for me but I find no contract for it.”
Abû Yûsuf bade the Caliph thrice to testify
under oath, but the Caliph would not do so. At this point, Abû Yûsuf ruled in
favor of the plaintiff.
The Caliph, Abû Ja`far al-Mansûr, once wrote
to Siwâr b. `Abd Allah, the presiding judge in Basra: “Look at the land that
so-and-so the general and so-and-so the merchant are disputing about and give
the land to the general.”
Siwâr wrote back: “The proof has been
established before me that the land belongs to the merchant. I will not take it
from him without proof.”
Abû Mansûr wrote back: “By Allah, besides Whom
there is no other god, you will not take it from the merchant without right.”
When the judge’s letter had reached him, he had said: “I have filled it, by
Allah, with justice, and my judges have begun to refuse me with the truth.”
Islam did not stop at prohibiting the
political leadership from interfering with the decisions of the judge. It went
further, providing other guarantees to ensure that the judiciary would remain
strong and independent.
Since the judge holds such a prominent and
serious position in society - being that he is the one who decides between
others in their disputes - it is necessary for him to enjoy the respect and
trust of the people so that they will be content in accepting his judgments as
just. A judge will not be able to attain this public esteem except with some
concrete proof of his character.
He provides this proof through his good
conduct that must be free of eccentricities and through his unyielding
adherence to justice when passing judgment. The jurists stress this point and
discuss the types of behavior and work that a judge should stay away from.
Without doubt, the things that they mention are not exhaustive, but are merely
given by way of example.
MEANING OF JUSTICE:
Islam is built on the five basic pillars of the religion.
These relate to faith and to practice, but at a deeper level it might be said
that there are two great pillars which support the whole edifice. These are
Peace and Justice. They are clearly connected with each other as there can be
no enduring peace without justice. The very word "Islam" comes from
the same verbal root as "salam" meaning “peace” and, since the
religion is based upon total submission to the will of God, Muslims believe
that real peace is out of reach unless it is based upon this submission within
the universal order. They believe equally that there can be no real justice
except as an aspect of submission to the source of all that is just and well
ordered. Although God in Himself is beyond comprehension or analysis, the
Qur’an gives us hints as to His true nature through what are sometimes called
“the 99 names” and one of these is al-ªAdl, “the Just”. Another of these names
is al-Muqsiö, “the Dispenser of Justice” or “He who gives to each thing its
due”.
The Quran praises those who always act “in the
light of truth” and tells us, “Perfected are the words of your Lord in truth
and justice”. It tells us also,
“Behold, God enjoins justice and good actions
and generosity to our fellow.”
and it also commands us never to let hatred lead us into
deviating from justice
“Be just! That is closest to God
consciousness”.
IMPORTANCE OF JUSTICE:
Islam attaches the highest importance to justice. In fact,
Divine Justice is the backbone of the whole act of creation. The balance and
the due proportion evident in the heavens and the earth are a manifestation of
God's justice.
In Islam, balance and justice are central to
concept. It is the consequence of Divine Justice that man posesses free will
because, without free will, man does not merit eitherreward or punishment for
his deeds. For this reason, the great scholars of Islam have called free will
the Principle of Justice.
The reason for the ruin of many past
civilizations is that they negelected the roots of justice.Islam imparts great
significance to the principle of justice and believs in teh sever punishment of
those who violate its fundamentals.Infact this is the valuable lesson which we
gain from teh study of past history .We observe nations that were destroyed
because of their inequities.
Allah commands us in the Qur’an to do good and
to avoid shameful deeds, injustice He commands us to be just, even if we hate
people.Nations that that live and act in accordence with the Divine law bring
prosperity and grow strong.An unjust and reactionary nation has always suffered
doom.The basic Islamic principle is that nations succeed or fall as a
consequence of tehir own acts .As it has been stressed in Quran,
"He who has to perish ,perishes by s
clear proof and he who ahs to survive strives by a clear proof"
So God does not do injustice to anyone but it
is because of teh very acts of the people which they employ and in the
consequence suffer from the downfall.
QUALITIES OF JUST RULER:
In order to know the obligations of a ruler
towards dispensing justice in Islam, a letter of Khwaja Hasan Basri written in
reply to a query by Caliph Umar Bin Abdul Aziz (RA) makes a very informative
and revealing reading. The question posed by the Caliph was “what are the
qualities of a just ruler”. In reply he wrote,
“A just ruler is a “guide” and “corrector” for
all those who try to go astray, a friend and supporter of good citizens and a
helper to all those who are weak and a redeemer for the oppressed and helpless.
He is like a shepherd, kind to his camels, selects best grazing ground for
them, saves them from harmful pastures, saves them from carnivorous animals and
protects them from heat and cold. A just ruler is like a loving father who
brings up his children with great care and affection, trains and educates them,
earns for them and leaves enough for them when he dies. He is like kind and soft
hearted mother who gives birth to children, suckles them and is happy when her
children are happy and is highly disturbed when her children are in trouble.
He further says
“A just ruler is the protector and treasurer
of orphans and have- nots and provides sustenance to all the needies. He is
like heart in the body and if the heart functions properly, the whole body is
healthy and if heart is sick, the whole body is sick. He is a link between man
and God and he conveys the message of God to the people. A ruler should be like
a functionary who is trusted with some property and should not but waste and
squander this property. He should abide by all limits on human conduct as
prescribed by God. If he violates those limits, the results will be
disastrous”.
Addressing the Caliph, Khwaja Hasan Basri
warns: “O leader of the Muslims, you should remember that one day you will die
like all other people and there will be none to help you. There is another
abode waiting for you where you will be all alone and only your good deeds will
be your support there”.
Regarding selection of Government
functionaries, Khwaja Sahib says that:
“A just ruler should appoint good persons to
manage the affairs of the masses and only those who are just should be elevated
in status, position and stature. In case of appointment of non-deserving
officials and functionaries, the ruler will be responsible for their actions
and conduct. In case of unjust conduct of his functionaries, the prayers of a
ruler will not be approved and acceptable to God. Appointment of non-deserving
officials is dishonesty towards God”.
As for dealing with enemies and opponents
Khwaja Hasan Basri says: “A just ruler should deal justly with enemies and
opponents also because the doors of Islamic courts of justice are open for all
and there should be no discrimination in the matter of justice, which should be
absolutely unbiased. A just ruler should not listen to the unlettered people
and should not impose the more powerful on the weak ones”.
The qualities of a just ruler enumerated by
Khwaja Hasan Basri are very clear. He should be just, in every way of the word.
He should conduct himself in personal life and Government affairs strictly
according to the tenets of Islam. He should himself be accountable in the courts
of law. He should administer social justice, as all human beings are family of
God.
SOCIAL JUSTICE:
Islamic system of justice includes social
justice, which means that the Government must manage to meet and fulfil the
needs and requirements of all citizens. This includes provision of job, means
of subsistence and economic justice. This further implies that it is the
responsibility of the State to provide food, shelter and clothing to all the
citizens of the State. Economic justice is aimed at equitable distribution of
means of living and check concentration of wealth in a few hands. That is why
the rightly guided Second Caliph Hazrat Umar refused to allot lands to the
Muslim soldiers and commanders in areas conquered by Muslims in Iran, Iraq and
Syria.
Social justice is an important prerequisite
for peace in the world since an unjust social system can errupt and can become
a significant cause of the gloom,destruction of the society.Islam as a religion
imparts great imporatnce to the social and political concerns of teh
society.Islam strongly opposes the all forms of justice and takes all measures
to ensure the prevalence of justice in every field of human existence.The
emphasis of justice clearly bears out Islam's stance on a justly balance
society which is free from the exploitation of any individual.
DEMANDS OF THE SOCIAL JUSTICE:
THe concept of social justice requires that
all human being sshould be treated on equal footing .It doesn't allow the
distinctions on the basis of colour,creed or culture rather it develops in man
the insight of openmindedness and promotes equilibrium and harmony among the
people of teh society.All members of the community must enjoy equal rights and
status.Again and agin it has been streesed that there is are no distinctive cahracteritics
among the members of the society, as "The believers are but a single
brothehood"
Thus the islam social order emphaiszes the
development of mutual relationship among each other.
ADMINISTRATIVE JUSTICE:
Only justice can create discipline in life of
the people. Also essential is administrative justice, which means that all
State functionaries are also subject to accountability and do not consider and
treat people as “slaves” or “personal servants”. They should not insult the
people in any manner. They should be honest and efficiently administer public
affairs. It should be observed carefully that the concentration of wealth in
one class or in a few hands does not occur.
CONCLUSION:
Social and economic justices are the
foundations on which an Islamic society is built. Only equality, equity and
social balance can ensure a balanced and healthy society. Injustice and
imbalances create disruption in the society. It is incumbent upon a ruler of an
Islamic country to see that none goes hungry, none is jobless and none is
shelter less. Besides all citizens must be equal before law and are respected.
