DrLukman

POLITICAL

SYSTEM

of ISLAM

DR. LUKMAN THAIB

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FOREWORD

Islam has generally been defined as the complete

submission to the divine will. This is rather a passive

description of what is an essentially active and dynamic

action. A more acceptable definition would be a "willing

and active commitment to compliance with the will of

Allah (SWT)" a commitment to harness all material and

human resources for the promotion of virtue, justice and

peace and for the prohibition of injustice, corruption and

vice.

Clearly, Islam is not a religion in the sense commonly

understood by Western ---- usage that is no more than

the sum of several beliefs, rituals and sentiments but

rather a system of life that deals with all aspects of man's

existence and performance. It is a belief system, a

complete way of life, a message and a movement for the

establishment of an Islamic order. It is comprehensive

and total. In addition to its other worldly dimension, it has

a strong this wordly orientation. Islam deals not merely

with "spirituals" but with political, cultural, economic and

other matters as well. The Qur'an teaches not simply to

preach Islam but more importantly to act upon it,

promote it and actually enforce it. This explains the

Qur'anic emphasis on power, authority and political action.

The fusion of religion and politics is the dictate of Islam

and cannot, therefore, be disregarded.

V

According, the centrality of power and authority in

human affairs is the most effective response to the

problems of inequality and oppression which have

dominated all discussions about political and economic

structures since the dawn of civilization. Power in the

hands of despots results in a society characterized by

human subjugation, moral degeneration and cultural

pollution. Human salvation, from an Islamic perspective,

therefore, depends upon wresting control of power and

authority and placing it in the hands of those who are

righteous and committed to following the Divine guidance

and actualize the Islamic system.

The Qur'an outlines the sketch of the Islamic order in

its fifteen verses, all at one place (xvii: 23-37), to which

sayyid Abul A'la Mawdudi attaches the label "The Islamic

Manifesto."Briefly stated, the manifesto provides a set of

universal principles and pan-cultural values for the socioeconomic,

political and moral guidance of mankind. First

and foremost among these is the thought that real

sovereignty and lordship belongs to Allah (SWT) alone.

Man is called upon to acknowledge His supreme authority,

and to worship Him alone. His command encompasses all

spheres of life, it lays down the rules of human conduct

and serves as the principles of social, moral, economic

and political system throughout the world.

The Islamic Order enjoins unity of mankind and

brotherhood, cooperation, sympathy and justice in the

collective Muslim life. Private property is inviolable; but

unchecked acquisition of wealth for its own sake at the

expense of others is condemned in unmitigated terms. It

exhorts people to seek a prosperous life, without indulging

in extravagance, and to allocate a portion of their income

towards the maintenance their needy relatives, neighbors

and other fellow bongs The laws of inheritance, the

levying of zakat, the institutions of obligatory and

supererogatory alms, and the ban on various forms of

extravagance and luxuries are meant to transform these

ideas into living realities.

Vi

The Islamic way of life believes in fundamental rights and

basic freedom, in equality of opportunity, and in equality

before Allah (SWT) and the law. Killing of human beings is

strictly forbidden, except, for the legal authority, to punish;

1. a murderer,

2. an adulterer or adulteress,

3. an apostate,

4. an opponent of Islam during war, and

5. those attempting to overthrow the Islamic order.

In meeting out the punishment, no transgression,

overkill or torture, is permitted. The rights of orphans are

to be protected; promises to be kept and contracts

between individuals as between nations are to be

implemented. Arrogance and vanity are to be shunned;

and business transaction to be conducted with complete

honesty. Finally, individual acts and public policies are not

to be based on doubt, presumptions and suspicious but on

solid evidence. This implies no arrest, imprisonment, or

accusation without investigation. It cuts at the very root

of superstition and blind-following.

These, in brief, are among the precepts of "wisdom

which your Lord has revealed to you" (xxii: 39). Evidently,

the elements of the manifesto are not of the same nature;

some deal with interpersonal relationships, some are

societal in nature, some are purely political, some are

moral. The combination of the general and particular, of

moral and political is what distinguishes Islam and sets it

apart from all other religions. To a distraught world which

has lost the art of a balanced life, the art of harmonizing

the spirit and matter, these Islamic principles are capable

of bringing solace to the individual and order in the

society. Considerable literature exists detailing the

essential principles of an Islamic political system and

persuasively arguing their relevance in today's modern

environment. Nevertheless, there has been an apparent

failure on the part of

Vii

Muslims to generate an interpenetration of Islam that

could in the present situation. Breaking the impasse of

Muslim serve as a workable theory of politics, economics

and society à acceptable framework constitutes quietude

and creating an the most formidable challenge to the

Muslim intellectuals Islam offers up practical guidance

faced with an admixture of today. Brother Lukman Thaib's

book on Political System of theory and doctrine. He has

shown the convergence of the Islamic values with some of

the broad principles implied by the Western democratic

system. He is explicit in his stand for the principles of

electiveness of rulers, their accountability to the ruled,

their obligation to consult the elected representatives of

the people, and the right of ordinary citizens to participate,

through party mechanisms, in public affairs and to criticize

all those in power and authority. Yet there is enough in

this book which will be of benefit to any serious student of

the political system of Islam. It is hoped that this book will

stimulate more works on Islamic political order.

May Allah (SWT) grant us taufiq and hidayah to carry

out further research for the benefit of the humanity as a

whole.

Associate Professor

Dr. Abdul Rashid Moten

Head

Department of Political Science,

International Islamic University,

Malaysia.

viii

CONTENT

Foreword

Introduction

CHAPTER ONE

The Legitimacy of the State in Islam

The Origin of the State

State and Society in Islam

CHAPTER TWO

The Objective of the State from the Islamic

Perspective

CHAPTER THREE

The Legitimacy of Political Authority in Islam

CHAPTER FOUR

Sovereignty in Islam

Definition of Sovereignty

Location of Sovereignty

v

1

11

13

17

21

31

43

43

48

CHAPTER FIVE

Concept of Shura and its Historical

Development as a Political Representation in

Islam

Definition of Shura

The Scope of Shura

Development of Shura as a Political Representation

CHAPTER SIX

The Notion of Political Parties in Islamic

Political Thought

CHAPTER SEVEN

The Regulation of Political Campaign from the

Islamic Perspective

CHAPTER EIGHT

The Eligibility of Non Muslim for the Office of

Representation (Member of Parliament) in the

Muslim State

CHAPTER NINE

The Eligibility of Women for the Office of

Representation (Member of Parliament)

CHAPTER TEN

Nationalism And Islam

Definition of Nationalism

Reconciling Nationalism with the Concept of

Ummah

Conclusion

Bibliography

Indexes

111

55

57

60

65

73

85

93

125

126

131

143

147

159

Synopsis

Back

INTRODUCTION

Islam, like Christianity, emphasizes that the system

of government be divine-oriented. Therefore, political

science in Islam is not an independent discipline aspiring

to the utmost height of intellectual speculation, but it is a

part of its religious teaching. From the Islamic point of

view, it is inconceivable to study, understand, or aply the

Islamic political system apart from its social, economic

and moral components. In Islam the antithesis between

the individual and the state or the government is not

recognised, and no need is therefore felt to reconcile and

abolish this antithesis. Islam knows no distinction between

state and mosque.

In Islam the is no doctrine of the temporal end which

alone belongs to the state and the eternal end which

belongs to, and is the prerogative of the mosque; there is

no balance between the two; each is equal to the other

when acting in its own sphere; each equaity dependent on

the other when acting in the sphere of the other and no

tension exist between the historic community and the

mosque as custodian of the universal common elements in

human existence. According to the Islamic Ideology the

root and the origin of all the social and political institutions

2 Political System of Islam (A Micro Analysis)

including the government are derived from religion. 1 But

the government wa in no way superior to the other

institutions derived from the doctrines, nor was it in any

sense more secular. 2 The point is that Islamic theology

cannot accept the idea of tension between religion and

politics. Islam is at once a religion and a nation. 3 Thus,

Islam is a blending of various elements into one

harmonious whole; no one aspect of it can be isolated or

considered without reference to others.

The resurgence of Islam as a political force in world

affairs can be best explained by the fact that Islam

embraces within its legitimate sphere not only those acts

and performances to which the followers of many other

religions confine the application of the word “worship” but

also all aspects of lays down and prescribes the underlying

principles of international relationship, of the laws of war

and peace, of statecraft of social relationship and so on.

According to Islam the regulations of all aspects of

one’s ;ife in accordance with these principles is continuous

worship of God. As Professor C, Smith of Harvard

University put it: “Islam is a religion, and like other

religions, is transcendent, ineffable: no form can continue

or exhaust it, Like other religions it has been expressed in

many forms artistic, intellectual mystic, but more than

some others, social. In fact, Islam is characterized among

thr religions by the particular emphasis which it has from

the beginning given to the social order. The Prophet

Muhammad(P.B.U.H.) not only preached ethics, he also

organized a state. Indeed, Islamic history is calculated to

1. Henry Stegmen, “The State and the individual in Sunni Islam”,

Muslim World, vol 54 (1964), p. 14.

2. Ibid

3. Leornard Binder, The Ideological Revulution in the Middle East.

(New York: John WIlley and Sons. Inc., 1964), p. 51.

Introduction 3

begin not in the year when the Prophet was born (after

the fashion if the Christian era), nor when he began to

receive Divine revelations, but when the Muslim

Community came to power in the State of its own. The

first year after migration(Hijrah) marks the establishment

of Islam as a religio-political sovereignty in Madina. That

State was organized in accordance with God’s revelation;

it prosperred and expanded and Islam as a process in

human history was launched on its career. That career has

continues until today, with many human ups and downs,

many variations, of fortunes and of form, many

vicissitudes, both of achievement and of aspiration but

never very far from being central has been its concern

with itself as an organized community. There are many

illustrations of this fact, one is the superlative importance

of Islam of the law”. 1

Islam has been a social gospel from the beginning.

Major sectarian differences in Islam have had to do with

divergence not primarily over dogma but over questions

as to how the community should be organized. WHile the

Protestants seceded from the majority community on a

dispute regarding political leadership, and the Shi’ as

seceded from the majority on a dispute regarding ethical

leadership; Islam is by tradition and by central genius a

practical religion, a religion of ethics, including social

ethics, and of organized, legalized ethics.

This fundamental aspect of the relationship between

religion and politics in Islam has not yet been fully

appreciated. That is perhaps the main reason why the

current resurgence, a return to medievalism and so on.

Religion is no longer stressed a an essential attribute of

nationality. Most modern nations flourish without insisting

on uniformity of religious belief.

1. Wilfred C. Smith, Pakistan as an Islamic State. (Lashore: SH.

Muhammad Ashraf, 1951), p. 23.


But, at the risk of repeating a well know dictum, it may be

stated that Islam is not so much a set of dogmas and

rituals as a way of life, with its own distinctive social and

cultural order.

According to Islam, as “God is one and indivisible, so

is life and human personality. Each aspect of life is

inseparable from the other. Religions ans scholar are not

two autonomous categories: they represent two sides of

the same coin. Each and every act becomes related to

God and His Guidance. Every human activity is given a

transcendent dimension; it becomes sacred and

meaningful and goal oriented”. 1

The prophet Muhammad(P.B.U.H.) was not only a

spiritual guide but aso a heat of State, organized for the

first time in history of Islam in seventh century Arabia, He

was the organizer of a new socio-political order with all

that such a role implies. This type of figure who is, at once,

a spiritual being and leader of men has always been,

relatively speaking, rare in Christian West, especially in

modern times. Political life has become so divorced from

spiritual principles that to many people such a function

appears as an impossibility, in proof of which westerners

often point out the purely spiritual life of Christ, who said,

“my kingdom is not of this world”. 2

In Islam there is nthing comparable to the concept of

the western Christian world in relation to the doctrine of

“Two Swords”, the separation of politics and religion:

“Give unto Ceaser the things that are Ceaser’s and unto

God the things that are God’s”. Islam leaves no scope for

the compartmentalization or separation of human life

1. See Khurshid Admad’s Introduction to Abu Ala Maududi,

Towards Understanding to Islam.

(Leicester: The Islamic Foundation, 1970), p. 10.

2. Sayyed Hossein Nasr, Ideas and Realities of Islam.

(London: George Allen and Unwin, 198), p. 69.

Introduction 5

between spiritual and secular spheres and as such there

has not been any conflict between religious and temporal

authorities that we find in the western Christian world in

the medieval period.

In examining the relationship between religion(Din)

and the state in Islam, Muhammad Asad says that: “the

Islamic teachings not only circumscribe man’s relation to

God but also lay down a definite scheme of social

behaviour to be adopted as a result of that relation”. He

adds that “what is needed is a precise body of laws which

would outline, however broadly, the sphere of human life

in all its aspects spiritual, physical, individual, social,

economy and political. It follows, therefore that the

organization of an Islamic state or states is an

indispensable condition of Islamic life in the true sense of

word”. 1

The Islamic political thought which reflects some

fourteen centuries of Islamic philosophical and theoretical

inquiry into the nature and role of government, its

relationship to religious and temporal affairs, and its

relationship to social change and social revolution within

the Islamic world and beyond, has been regarded as the

most active area of Muslim intellectual life over the last

two centuries, however this science in the past was

always subsumed under some other discipline in the

spectrum of classical Islamic science.

In view of the juridical nature of Islam, questions

related to theories of governance (Siyasah) of the

community fell within the province of canonical

jurisprudence (al-Fiqh). It was the jurists in their public

aand constitutional law who expounded the various kinds

of Siyasah. Their assumptions regarding the necessity of

1. Muhammad Asad, The Principles of State and Goverment in Islam.

(California: University Press 1961), p. 2-4.


political organization did not differ much from those of the

falasifa. In order that political life may be regulated for

the well-being of all, a restraining law and a ruler are

required. Without certain principles of order and stability,

no Siyasah can be said to exist. Law in general and

religious law in particular, is an indispensable condition for

the emergence of a true Siyasah.

According to al-Ghazali(1058-1111 A.D), there is no

Siyasah without the religious sciences, which he devides

into two categories: first, the sciences concerned with the

wordly and the second, the sciences of this world that

Siyasah is most in need of, and that is the science of

Fiqh which regulates life, fixing man’s duties towards God,

towards himself, and towards his fellow citizens. 1

The highest form of Siyasah is the Siyasah al-

Shar’iyyah or Siyasah al-Nabawiyyah 2 which guarantees

stability and prosperity in this world and salvation in the

next. The temporal and the spiritual are interviewd;

without religion(Din), the world(Dunya) would be

miserable, and without Dunya, religion(Din) would be

impossible and God’s purpose unrealizable. 3

The analysis of this theoretical and intellectual basis

of Islamic government and society has been given only

scant attention by western scholar in examining the force

1. Abu Hamid Muhammad b. Muhammad Al-Ghazali.

Ihya’ Ulum al-Din.

(Cairo: al-Maktagah al-Tijariyyah al-Kubra, n.d.) vol 1, p. 12-13

2. Fauzi M. Najjar, “Siyasah in Islamic Political Philosophy”, in

Islamic Theology and Philosophy:Studies in Honor of George

F. Houranian.

(New York: State University of Ney York, 1984), p. 94.

Edt. by: Michael E. Marmura.

3. Al-Ghazali, Ihya’al-Ulum. Op.cit., vol. 1, p12-13. See also Taqi al-Din

Ahmad Ibn Taimiyyah,

al-Silasah al-Shar’iyyah Fi Islah al-Ra’i Wa al-Ra’iyyah,

(Cairo: Dar al-Kitab al-’Arabi, 1955), p. 60.

Introduction 7

of change impacting on contemporary Islamic societies.

In-deed, Islam has usually been perceived as a

“traditional” force, resisting progressive change and

consequently constituting a negative influence or barrier

to social and political development. This image of Islam as

a static rather than dynamic system of thought has

contributed to the failure to recognize the significance of

Islamic solution to the issues of social and political

development.

The separation of state and religion in modern

western societies produced a clear seperation between the

realms of religious and temporal affairs. While spiritual

and ethical issues became the domain of philosophy and

theology, temporal issues became the domain of political

and sociological theory. In this framework, religious and

social thought developed independently, and the issues of

social and political change were rendered distinct from the

issues of spiritual and ethical development.

However, in a religiously based socio-political system,

this seperation does not exist.According to Muhammad

Umaraah: “The discussion in Islamic political

thought(Siyasah al-Shar’iyyah) on ‘divine rights’ means

the ‘light of the society’ and the discussion on ‘God’s

jurisdiction and domain’ actually means, in political terms,

‘the jurisdiction of the nation and its domain’. There is no

contradiction here in the fact that the domain belongs to

God but the political jurisdiction and Government in

Islamic society lay in the hands of Muslim people”. 1

With no distinct separation between the “divine

rights” and the “rights of the society”, political and social

issues must addressed within the framework of religious

ideology; and political and social conflicts must be

1. Muhammad Umarah, Al-Islam Wa Sultah al-Dunya.

(Beirut: Dar al-Fikr, 1980), p. 46-47


Manifested in spiritual and ethical contention. As a sociopolitical

religious system, Islam incorporates both

temporal and spiritual affairs.

The nature of the political state and the spiritual state, of

political legitimacy, of ideology and doctrine, are not

conceptualized and analyzed distinctly, but are highly

interrelated in Islamic thought. TIn this book: “Political

System of Islam (A micro Analysis)”, the study id

divided into ten chapters. In the first chapter we shall

analyzes the legitimacy of the state of Islam. This starts

with an explanation that although the term of the state is

not found in the Qur’an and in Sunnah of the Prophet,

however, if we keep the modern concept of the state in

mind, we find that the Islamic state during the Rightly

Guided Caliphs and Omayyad periods carried the modern

concept of the state to its full meaning, both in political

theory and in mark of statehood according to modern

international law.

In the second chapter, our discussion will be focused

on the objectives of the state in Islam. The main

objectives of the state in Islam are to provide the political

framework for Muslims unity and cooperation as well as

evolving and developing that well-balanced system of

social justice as Iqbal said, the purpose of the state of

Islam is to take Islamic principles and endeavour to

realize them in a definite human organization in history.

The third chapter will discuss the legitimacy of

political authority in Islam. The focus of our discussion

here is that the source of political authority in Islam rests

on the Ummah. The Muslims as the vicegerent of God

have to elect some trustworthy man from among

themselves to administer the polity. The ruler is thus not

only responsible to God for his acts but also to the

members of the Ummah as well. This also makes it clear

that rule in Islam is hereditary.

Introduction 9

The fourth chapter of our discussion will be devoted

to the concept of sovereignty which we regard as one of

the most prominent factors of Islamic political theory, and

according to a modern state system sovereignty also is

regarded as the central concept of the system which

determines all international relations, and endows the

laws within a state with legitimacy and validity. It is the

concept of sovereignty which distinguishes a state from

other forms of human institutions and associations.

In the fifth chapter we examines the concept of al-

Shura as a political representative in Islam. The Islamic

history has seen that the term al-Shura was used in

connection with consultation over decisions of the

leadership of the Islamic Ummah.

The sixth chapter will evolve around the necessity of

political party in Islam. Islam does not approve of a state

based on the domination and power of one person or

party. Its concept is that a state must be based on

consent and cooperation of the people as the Qur’an

commands consultation which clearly accepted by the

Shari’ah. This means that Islam believes in democracy

and in the development of democratic institution such as

political parties in order to protect the rights of the people

and to ensure checks and balances against the excesses

and high-handedness of governments in power.

The seventh chapter of the discussion will be on the

regulation of political campaign from the Islamic

perspective. Islam recognizes the rights of every

individual Muslim, male and female to participate in the

consultation leading to the establishment of authority.

Universal suffrage, therefore is an intrinsic aspect of Islam

constitutional theory; besides, it also confirms that the

principles of popular election is compatible with Islamic

constitutional theory. However, Islam has drawn the legal

and ethical, as well as the moral boundaries within which


political campaigns could be conducted according to the

Shari’ah.

In the eight and ninth chapters the discussion will

concentrate on the eligibility of Non-Muslims and women

to be member of parliament in the Muslim state. The last

chapter will concentrate on the relationship between the

religion of Islam and nationalism. To get a clear picture on

intimates relationship between Islam and nationalism it is

necessary for us first to study the role of Islam in anticolonial

independence movements as well as in the

emergence of modern nationalism. The conclusion shall

summarize the significant ideas discussed in the

proceeding chapters.

CHAPTER ONE

THE LEGITIMACY OF THE

STATE IN ISLAM

The state is one o the most fundamental institutions os

society. Islam affirms its risen d’etre not only in the

maintenance of law and order but also in the need to

establish justice and social-moral well being of the people.

Establishment of a just political order according to the

Qur’an has been among the obligation of the Prophet

hood. 1 Prophet Muhammad like some other illustrations

predecessors, established a political society and acted as

head os state. Power is not a dirty word in Islamic

terminology. Muslims are projected in the Qur’an as

people who wield power scrupulously towards the

fulfilment of their moral objectives. 2

The Prophet is reported to have said that God

enables people to check evil through state-power (that

cannot be eradicated merely by the book). 3 There ae also


numerous provisions of law that cannot be implemented

without the establishment of government apparatus; for

example, blood money, which must be exacted and

delivered to those deserving it, or corporal penalties

imposed by the law, which must be carried out under the

supervision of Islamic ruler. All of these laws refer to the

institutions of the government, for it is governmental

power alone that is capable of fulfilling this function. Even

though the establishment of a government and taking

power in hand is not the ultimate objective of the Islamic

system of thoughts, Islam believes that a true reform, be

it moral, social, educational, political, economic or any

other, can never be implemented while the power is in the

hands of corrupt people.

Thus, the establishment of a just political structure

becomes a prime target of the Islamic school of thought.

The Prophet also has issued an unequivocal call fot the

creation of state authority of the Ummah he was reported

to have said which means: “Whoever separates himself

from it(the community) goes to Hell.” 1

By virtue of this teaching, living within a united

community becomes a matter of faith. To emphasize the

importance of the government to this new government,

the Prophet said again which means: “Whoever dies

without knowing the Imam(the head of state) dies in

paganism.” 2 At another occasion the Prophet also said

that: “if three people embark on a journey, they must

make one of them leader.” 3 Thus, Muslim jurists

concluded that if it was illegal for three people travelling

to stay without leader, it is obvious that Islamic society is

Chapter One 13

legally bound to have an Imam (Head of State or Leader)

and governmental authority. The state in Islam, therefore,

is made necessary by both legal and rational

considerations.

In addition to the above instructions; Islam as a

complete way of life enjoins certain specific legal and

social responsibilities. The translation if these

responsibilities into action requires governmental

authority. It is, in fact, this characteristic of the Islam that

made the creation of a state and government a legal

obligation.

THE ORIGIN OF THE STATE

Greek philosophers have advanced the idea that man is by

nature a political animal. He is destined, by virtue of his

nature, to live in a state. Only God or beasts, Aristotle

suggested, can live outside the state. According to this

Greek concept, man’s relation to the state resulted neither

from free choice, nor was it, in any way, a product of a

preconceived contract or convention. Rather, the manstate

organic relationship is a product of nature. 1

The state, according to the Aristotelian concept, is

the product f the theological process in which nature

“does nothing without a purpose”. 2 All things are

considered in terms of their ends or telos. All human

actions aim at some good, because nature always will the

good. Since the state is the supreme manifestation of

human associations, it is concluded therefore, that the

state aims at the supreme good. Therefore, the state is

the Aristotelian concept plays a multifaceted role. Is is not

only the supreme expression of all human associations,

hence good in itself, but the state is the only place in


which man can achieve perfection and happiness.

Muslim thinkers agree with the basic assumption of

their Greek predecessors. Man is considered a social and

political animal who can live only in a society. Al-

Farabi(870-950), in discussing his model state, stressed

the necessity of a moral satisfaction. By this very nature,

said al-Farabi: “Man is not equipped to attain all that is

necessary for his needs without the help of others. If man

is ever to achieve the perfection of his nature, he must

belong to society(qawm) and cooperate with the

fellowmen.” 1

Ibn Taimiyyah (1263-1328) said about the necessity

for government and state in the following quotation:

“None of mankind can attain complete welfare, weather in

this world or in the next, except by association(ijtima’),

cooperation and mutual aid. Their cooperation and mutual

aid is for the purposes of warding off things injurious to

them. For this reason it said that ‘man is political being by

nature’.” 2

The above quotation shows that Ibn Taimiyyah,

much like the classical Greeks, attributes the evolution of

government and sate to a natural propensity that is

inherent in man and which drives him to associate with his

fellow human beings for purposes related to their

command, well-being and happiness. The objectives of

this approach lie in its very universality and generality and

Chapter One 15

the underlying utilitarianism which phrases like “warding

off things injurious” and “acquiring things of benefits”

seem to suggest. However, Ibn Taimiyyah agreed that

religion-free association might result in the pursuance of

the “wrong” interest. But in either case, with or without

religion, political association continues to be a universal

and a permanent necessity.

Ibn Khaldam(1332-1406) summing up this

conception of society and state, said “Human society is

necessary: The reason being that man has been created

in such a manner that he cannot sustain life without food.

Each individual’s capacity for acquiring food, however, fall

short of his need; it is therefore necessary to unite his

efforts with others of his fellowmen in order that by

cooperation they will produce food sufficient for many

time their number, further, each individual needs the help

of his fellowmen for defense purposes, for, as God gave to

each animal an organ of self-defence, to man He gave the

mind and hand which, in the service if the mind, can apply

itself in the crafts and produce tools which take the place

of animal’s organ of defence. Thus, unless he cooperates

with other, he cannot obtain the food necessary for life,

nor can he obtain the weapons necessary for defence,

without which he will fall prey to beasts and his species

will perish. Cooperation, however, secures food for life

without weapons for defence, thus fulfilling God’s will of

preserving the species. Hence society is necessary for

mankind, without which it cannot exist.” 1

Ibn Khaldam although not the first, is by far the most

articulate Muslim thinker to stress the social nature of

man. Writing in the light of the Islamic conception of life,

but echoing Greek philosophy he argued that man was


created by God as a social animal. His existence requires

certain conditions that exist only in civil society, food,

security, and other aspect of civilization. Man’s very

survival, argued Ibn Khaldun, depends on human

cooperation and interaction which is attained only within a

civil society. 1

While the social nature if man as the social animal is

conceived in the Shari’ah to be neither good or bad. In

his worldly status he is born with the potential to become

exther, depending on the environment in which he is rised.

He can follow the path of righteousness or of disbelief in

line with external influences of his environment. This

argument s supported by the following saying of the Holy

Prophet which means: “Every new born child is born with

a nature based on righteousness. His parents convert him

into judaism, Christianity of Zorastarianism. This is just

like that cattle give birth to normal babies; none of them

is born without the nose or the ear but later on you people

cut their noses and ears” 2

Although man is not, by nature a violance-prone

creation, according to his Islamic theory, he may become

one should he be exposed to bad habits. From this view

point the necessity. This is reflected in the writing of

Muslim thinkers of a government and the state is self

evident to Muslims thinkers and statement that go to the

dawn of Islam. The third Caliph Uthman(644-656)

discovered the piety and conscience were never a

substitute for the authority of an organized state, even in

the best of societies. As an astute observer of the chaotic

situation that marred the last half of his tenure, Caliph

Uthman was reported to have said: “The Power of

Sultan(ruler) deters more than that of the Qur’an. 3

Chapter One 17

STATE AND SOCIETY IN ISLAM

In the early Islamic conception of society, society and the

state meant the same thing, indeed the term state is not

to be found in the Qur’an and nor in vogue during

Muhammad’s time. The Qur’an merely refers to organized

authority, which belongs to God (as the source of

governing authority), while the term dawlah(now

equivalent to state)“ came into vague in the early Abbasid

period, it was at first applied to the new regime

established by revolution, as opposed to the regime of

Umayyah, 1 but the concepts of authority and government

were necessary implied. As the Abbasid regime became

permanently established, the emphasis was gradually

changed from revolution to organized authority.

In modern terminology, state is defined as

“organized group of individuals reading in a specific

territory, who possess sovereignty over it”. 2 According to

this definition, the constituents of a state as follows:

1. Existence of a group of individuals.

2. Existence of a specified territory of land.

3. A Particular System.

4. Sovereignty

If we keep this modern concept of the state in mind,

we find that the Islamic state during the Rightly Guided

Caliphs and Umayyad periods carried the modern concept

in its full meaning, both in political theory and in marks of

statehood according to modern international law.

The Islamic state of Medina possessed all the four

mentioned components. There was a group of individuals


Comprising of the Muhajirun and Ansar. Shari’ahas a

specific system of government was already there to guide

and regulate the actions of the group. The city of Medina

hasd the privilege of being the seat of the first Islamic

state of the world. The prophet was himself the head if

the state and he efficiently supervised and guided the

officers of the state in that capacity. The newly created

state had already a physical entity of its own.

As head of the state, the Prophet entered into

several pacts in which he was not a party as a single

individual but represented the entire state of Medina and

therefore all the commitments made by him were binding

on the Islamic state. The Islamic state of Medina was the

oldest example of a political society organized in the form

of “state”. This claim rest on the fact that is was an

organized society based on the “rule of law”. The

supremacy of the “rule of law” is a distinguishing factor

between a “state” and other forms of organized political

societies.

Indeed, as in the case if other states knows in

history, the first Islamic state in Medina was not

established by chance nor was its inception an event

lacking in previous preparation. To understand the

political system of this Islamic state, it is necessary first to

study the history how Islam arose.

It is known, during the Mecca period the Muslims

were only a few individuals who had accepted the new

religion preached by the Prophet. The believed in it and

were persecuted for it. Since these Muslims had no

territory upon which their leaders could establish any form

of the teachings of the Shari’ah, they did not constitute an

Ummah independent of the society of Mecca.

Due to the situation as described above, Meccan

Muslims could not form a political society of political

organization during this period. Nevertheless, the idea of

Chapter One 19

having a territory from which the call to Islam could

emanate and which would constitute a base for its

operation and consolidation did not escape the attention

of the Prophet. He was aware that at the beginning of his

mission, he did not have any authority or power with the

Qurayah to safeguard these who believed in him, the he

ordered them to migrate to Abyssinia saying which means:

“You may depart to Abyssinia where there is the king who

does not tolerate injustice. It is a land of friendship until

God relieves you of your oppression”. 1

The last statement of the above badith “until God

relieves you of your oppression” is a clear proof that the

migration was a temporary measure to protect the

individual Muslims who were the core and instrument of

the dakwah from the wickedness and oppression of the

Quraysh which the Prophet was unable to prevent.

On the other hand, the Quraysh realized the

importance of this migration as a preparation for the

future. This is made clear by the care which the Prophet

took to preserve the Muslim force by sending it out of the

reach of the Quraysh. On their part, the Quraysh appealed

to the king of Abyssinia to send back these believers on

the premise that “they have separated from their people’s

religion and invented another on of their own”. 2 By this

means Quraysh tried to mislead the king by implying that

these emigrants had committed a crime and were now

trying to escape.

However, the Abyssinian king refused the request of

the Quraysh and the believers stayed in Abyssinia until

the Prophet migrated to Medina where they joined him.

In the second Bay’ah of al-Aqabah, the Prophet

requested the Ansar’s pledge to believe in God and His

Prophet as well as to protect him as they would protect


their own women and children. 1 This bay’ah of Muslims of

Medina with their Prophet is a clear indication of the

Prophet’s determination to repel, by war, if necessary, the

aggression of the enemies of the new religion. Obviously

such a move is, and does constitute, political action as

practised by organized communities, or if we may say so,

by political societies.

Thus these three moves of the Prophet clearly

confirm the view that the entire group of Muslims in

Mecca was not a political society and that its leadership by

the Prophet did not amount to political authority. This

political society came into being only after the

development of the Muslim community as a result of its

migration to, and later settlement in Medina, the

community upon which Prophet began to exercise his

political authority. From this emerged the first Islamic

state od Medina. Indeed it was the oldest state in the true

sense of the definition of the word “state” has ever known.

CHAPTER TWO

THE OBJECTIVE OF THE

STATE FROM THE ISLAMIC

PERSPECTIVE

The birth and development if all political institutions is

basically a product if human thoughts and actions. The

creation of the Medina state, similarly, was the product of

Prophet Muhammad’s concept of the Islamic community

combined with social and political interactions between

him and his followers. The Medina state was a political

community. Its members were bound together by the tie

of common subjection to the central authority and its

government exercised political control over the people in

accordance with Islamic law.

The establishment of the Medina state which was

also regarded as the first Islamic state by the Muslim

Ummah was based on a formal and legal political

organization. The theoretical concept if the distinct Islamic

community of the brotherhood guided by Islamic law

manifested itself in reality with the creation of the Medina

state. The prophet’s vision and aspiration for creating a


New social and political order was realized during his own

lifetime. He succeeded in spreading the teaching of Islam,

planted the seed of a new civilization, and advanced his

political career by establishing a new states. His spiritual

and political leadership is best described by Philip K. Hitti:

“History records names of several men who founded

religions, others who fathered nations, still others who

instituted states; but if there was a man other than

Prophet Muhammad, who initiated all three institutions,

history must have forgotten his name. The three founded

by the Prophet were originally inextricably interwoven and

to an extent interdependent. Throughout their career the

first religion, provided the integrating force and proved to

be the most enduring”. 1

From the beginning of the Prophet’s social and political

activities in his role as Prophet and leader, he conceived

the Islamic community as a religious association of the

whole social community. It had both spiritual and political

manifestations of its own, distinct and independent from

other communities. S.D Goiten states: “Muhammad, even

in Mecca, conceived of the religious community as a sociopolitical

unit in the astonishing fact that soon after his

arrival at Medina, he was able to organize the whole

population of the town. Muslims and non-Muslims, as a

body politic called Ummah”. 2

The above elaboration makes it clear that the Medina

state was founded by Prophet Muhammad, consolidated

by Abu Bakr, organized and institutionalized by ‘Umar Ibn

al-Khattab. No observer of the Prophet, the founder of the

new Muslim community can fail to be impresses by the

Chapter Two 23

record of his achievement in such a short span of life. 1 In

less than eight years the Prophet was able to integrate,

socially and politically the people of Arabia. The scope of

his power, authority, and prestige was felt throughout the

Arabian Peninsula. Watt declares: “He(The Prophet) had

done more than skeptical European scholars have allowed.

The framework had been built. A political system with

strong foundations had been created, into which tribes

could be brought. The economic basis of the system was

sound”. 2

It seems one of the major achievement of the

Prophet’s leadership was the transformation of the divided

preliterate society of Arabia into a cohesive and

progressive social order. He had succeeded in creating a

political system with economic and social ideals that were

uniquely Islamic. It is important here ti understand that

political power if the state in Islam derives from two

sources: the Shari’ah(law) and the

Ummah(community)”. 3

The Shari’ah as a system of the law provides the

legitimate foundation on which the state in Islam is

constructed, maintained and operated. However, the

interpretation and preservation of the Shari’ah resides

with the community. The authority of the collective

judgement of the Muslim community finds expression in

the idea of ijma’(consensus) and provides the human

implementation of divine guidance for purely human

needs. Man is recognized by Islam as the recipient of

interpretation and application.


Therefore, sovereignty in Islam does not reside in one

individual or group if individuals, but with the law and its

recipients. Since the Shari’ah places much concern for

the community, the Islamic political thought is identified

and concerned with the community, this is because the

subject matter has no other land except the welfare of

man. 1 The objective of the state in Islam is to provide a

political framework for Muslim unity and cooperation. God

states in one of the Quranic verse clearly which means:

“And hold fast, all of you together, to the rope of God, and

not separate; and remember God’s favour unto you: how

ye were enemies and He made friendship between your

heart so that ye became as brothers by His grace, and

how ye were upon the brink of an abyss of fire, and He did

save you from it. Thus, God maketh clear His revelations

unto you that happily ye may be guided. And let there be

from you a nation who invite to goodness, and enjoin right

conduct and forbid indecency. Such are they who are

successful”. 2

The said verse reflects that the goal of the state in

Islam is the growth of a community of people who stand

up for equality and justice, for right and against wrong ot,

to put it more precisely, “a community of people who work

for the creation and maintenance of such social conditions

as would enable the greatest possible number of human

beings to live, morally as well as physically, in accordance

with natural law of God-Islam”. 3

Chapter Two 25

The above verse also symbolizes that the mission of the

Prophet Muhammad was to create conditions in which the

mass of the people will be assured by social justice in

accordance with the standards enunciated by God in His

book which gives explicit instructions for a well-disciplined

mode of life. As the Prophet said in one of his hadith

which means: “God brings to an end through the state

what He does not eradicate with the Qur’an”. 1

It makes clear to us that political power is important,

evils which are not able to eradicated through the

preaching of al-Qur’an need the coercive power of the

state to eradicate them. This means that the main objects

of the state in Islam are to enforce and implement with all

the resources of its organized power that reformatory

programme which Islam has given for the betterment of

mankind.

The second objective of the state in Islam is not only

the establishment of peace, or protection of national

frontiers, more endeavors to raise the standard of living of

common man or to guarantee their lives and immunity

from all types of oppression and injustice. It also aims at

evolving and developing that well-balanced system of

social justice which has been set forth by God in the Holy

Qur’an. As Muhammad Isbal(d.1938 A.D) said: “The

purposes of the state in Islam is to take Islamic principles

and endeavour to realize them in a definite human

organization in history”. 2

The great emphasis is on the constant observance of

those moral principles which are dear to God and are the

basis of a good and successful society. God said which


Means: “Muslims are those who, if we give them power in

the land, establish the system prayer(Salah) and

poordue(Zakah) and enjoin virtue and forbid evil”. 1

Muslim jurist agree that from an Islam legal point of

view, this revealed goal, by necessity, means a life that is

predicated upon Islamic ideals. In practice it means the

enforcement of the Shari’ah in all spheres and parts of

the state, 2 by virtue of which Islam becomes the way of

life. Asad said: “The foremost duty of such a state consists

in enforcing the ordinances of the Shari’ah in the

territories under its jurisdiction. Although such a code

must forever remain basic in the structure and the

working of an Islamic state, it cannot, by its very nature,

supply all the laws that may be needed for the purpose of

administration. Thus, we will have to implement the

Shari’ah stipulations relating to matter of public concern

by temporal amendable laws of our own making in the list

of the sources of Islamic law”. 3

Then, the enforcement of the Shari’ah being the

sole purpose if an Islamic state, may be subdivided for

analytical consideration into two separate but

complementary purposes, one of which is temporal while

the other is spiritual. The temporal purpose of Islamic

state includes: the maintenance of peace and order,

promotion of equity and justice, defence of the Ummah

and the faith against internal and external aggression, and

the enhancement of the spiritual and material well being

of its citizen. 4

Chapter Two 27

The Shari’ah however. Does not provide many specific

means, or methods, by which the Masalih can be

attained. Means and methods are left mainly to the

discretion of the state. The only methodological limit is

that the realization of this temporal purpose must be done

within the legal and ethical scope of the Shari’ah.

The objective or goal of the state of Islam as stated

above goes beyond what St. Augustine thought to be the

purpose if the state. For, while the promotion of the good

life forms the substance of the worldly goal of the Islamic

state. St Augustine envisioned only a limited positive role

for the state to play. The state to him is basically a

temporal coercive instrument divinely ordained to check

the evil propensities of fallen men. 1 By the same token,

the temporal goal of the Islamic state goes beyond what

John Locke took to be the ultimate purpose of the state.

According to Locke, the ultimate goal of the state is

protection of lives and prosperity. 2 While the protective

role of the state is a positive one in itself, it still falls short

of the promotion of good life. Both St. Augustine and John

Locke envisioned only a limited positive role for the state

to play beyond this protective function.

The most important objective of the state in Islam is

the salvation if the Mu’minun(believers) in the hereafter.

To realize this goal, the state must make Islam the way if

life and spread virtuous and ethical conduct at it is

thought that strict adherence to Islamic teachings is what

makes salvation possible.


Based on this Islamic perspective, the state is legally

obliged to eradicate all social and moral ills that may

hinder the attainment of this ideal. As a characteristic of

Islam’s comprehensive approach, both predefined

purposes, the temporal and the hereafter compliment

each other. Peace, justice and worldly spiritual and

material well-being are not an end, although they are

good themselves. Rather, they constitute condition for the

the primary attainment of salvation in the hereafter. Their

prevalence is conductive to the pious life envisioned by

Islam as a precondition for salvation. The realization of

the latter depends on the realization former. 1 The

enforcement of the Shari’ah is the vehicle whereby the

state attempts to realize both purposes.

The parallel between the Greek and Islamic notion of

state seems obvious. This parallel is especially notable

with respect to the ethical objective of the state and the

role envisioned for the state in moulding its citizen;

character. Yet close examination shows that the parallel is

limited.While both the Greek and Islamic theories of the

state emphasize the positive role of the state in the

formation of good character, and see it as being

inextricably related to the ultimate goal of the state, they

differ on the nature of the goal itself. The ethical goal of

the Greek state is a worldly one and is distinctively human.

According to Aristotle: “The good life is indeed the chief

goal of the state both corporately and individually”. 2

To put Aristotle’s thought in its proper context,

however, it should be added immediately that the good

life, or happiness, which he envisions as the goal for

man’s action, is not a passive state of mind. Rather, it is a

Chapter Two 29

special type of activity which makes man happy. 1

Happiness, in Aristotle’s own words, is not in need of

anything, it is self-sufficient. 2 According to this Aristotelian

conception, a life of meditation, however is to be attained

only at the endof a life-long process of moral evolution,

hence it is considered higher than practical politics, and

beyond the search of the majority of the people. It is an

end that is to be attained only by the few but it is still

human and worldly.

The ultimate goal of the Islamic state transcends and

encompasses this proposed Greek conception. While

happiness and well-being of the Ummah form the

substance of the worldly objectives of the Islam state, the

ultimate goal, salvation, is heavenly and divine.

CHAPTER THREE

THE LEGITIMACY OF

POLITICAL AUTHORITY

IN ISLAM

Islam started as a community if believers in Mecca. After

a protected struggle, it shifted to Medina, where it

succeeded in establishing a political state of its own. This

state of Medina was the oldest example of a political

society organized in the form of “state”. This c;aim rests

on the fact that it was an organized society based on the

“rule of law”.

The supremacy of the “rule of law” is a distinguishing

factor between a “state” and other forms of organized

political societies. The state of Medina was the first

political entity to organize and practise this principle. The

legal rules stipulated in the Shari’ah were instituted by a

power superior in authority to that of every state in the

world.

A glance at the political history of mankind shows

that the question of allocation of political authority to rule

has always been complex problem, and sometimes has led

to political crises, social instability and civil war. The

objectives of this article is to analyse the nature and


Significance of this political phenomenon both in its

theoretical and historical aspects and try to relate the

political development of the Muslim community to its

values which in turn are related its political system.

The term legitimacy has been defines as “a sovereign

or his right to rule”. 1 A faction in France which, after the

revolution of 1830, continued to support the claims of the

elder line of the House of Bourbon as the “legitimate”. 1 In

England the word legitimate is applied to any supporter of

monarchy by hereditary right as against any other title. In

International politics, legitimacy was the principle invoked

at the Congress of Vienna(1814-1815) to justify the

restoration of countries and ruling families abolished or

dispossessed during the epoch of the French Revolution

and Nepolean, a policy with which the names of

Talleyrand and Matternich are associated. 2

The Islamic history has also shown that the question

of the legitimacy of political authority and government in

the Muslim world was never realistically solved. Rules and

wielders of authority or power never succeeded in gaining

full and total recognition of the legists, and if the did, it

was out of “necessity” and expediency. The reason for this

was due to the reluctance to adapt to the changes in the

body-politic of the early Islamic community and unable to

work out a synthesis between the eternal principles of

Islam and the social changes.

Authority is supreme seat of legitimization. It is

sovereign and independent. It is also the ultimate court of

Chapter Three 33

Punishment and reward, the source of creation(legislation)

and annihilation(annulment). While authority is the right

to lead and command, power is the supreme legitimate

force. Power obliges people to obey the will expressed by

authority. Consequently, in its substance it is completely

different from authority.The confusion that has always

reigned among certain writers doubtless derives from the

fact that Islam has not evolved a term of its own to

specifically designate authority(Auctoritas). Various

expressions such as al-Amr, al-Hukm, al-Mulk have

been used to designate authority. The same words have

been likewise applied to power(Potestas).

The Qur’an, however, is very clear on the point that

authority belongs exclusively to God. The Qur’an said:

“Ala Lahu al-Khalqu Wa al-Amr” which means: “Verily,

His is the Creation and His is the law”. 1 In other words we

can say that is the He(God) who created order of the

creative will and legislative will (Iradah Tashri’iyyah).

Thus, God is the bedrock of any theoretical

construction relating to the “state” in Islam. Without the

concept of God, the political system of Islam would

collapse at the first blow. God does not have solely a

theological sense. In additional to his specifically Islamic

qualities of the unique, the authoritative, and so forth, he

possesses a deeply political meaning anf connotation.

Political sovereignty belongs to Him alone, wholly and

totally. Nor does his transcendence alter anything in his

immediate and political presence. God is near man and

“interposes between man and his heart”.

The Qur’an materializes, and politicizes God, while at

the end same time rendering him inaccessible and

untouchable. In this paradox lies the source of the


dynamism of the Concept of God, present and occult at

the same time. It is not surprising then that the undivided

sovereignty of God should be served by the Prophet at the

first principles of adherence to Islam. By the act of

Shahadah the individual witnesses and accepts the

absolute and unique authority of God, otherwise beyond

the individual’s reach. This vision of Islam has had a direct

political purpose since the moment it was proclaimed.

At the time, the object was to destroy the prevailing

political order (the Jahiliyyah order) which was based on

idolatry. Initially, the Islamic vision of our Prophet was

unable to establish itself in Mecca. The Prophet migrated

to Medina where the social climate was more favorable to

monolithic ideas, doubtless because of the presence of

Jewish populations. Thus the Prophet founded his

community at Medina, not at Mecca.

With the emergence of the political triumph of Islam,

a city state was founded at Medina under the leadership of

the Prophet. The main purpose of the new political setup

and the state of Medina was to establish and develop a

well balanced system of social justice and equality as set

forth in the Qur’an. The state and government at Medina

was based on the revelations received by the Prophet.

He therefore, taught his followers(Muslims) the

principle of the orthodox Islamic politic doctrine which

propagated that ultimate authority belongs to God alone,

whose sovereignty is extended to the universe as a whole;

indeed it is His will which rules over the world with the

precept that “heaven and earth, visible and invisible,

animate and inanimate objects are all under the

sovereignty of God” 1 . The Qur’an is quite clear on the

Chapter Three 35

unlimited power of God and his ultimate sovereignty: “Say

o God, Lord of sovereignty. Thou givest sovereignty to

whom though pleasest, and takest away sovereignty from

thou pleasest. Thou exaltest whom though pleasest, and

abasest whom thou pleasest. In thy is all good, for thou

hast power over all things”. 1

Despite the ultimate and unchallenged sovereignty of

God and the vicegerency of the Islamic state “with no

right to exercise authority except in subordination to and

in accordance with the law revealed by God to his

Prophet”, 2 the Muslim Ummah were the vicegerent of

God 3 and they held all the things in trust for Him. As As

vicegerents the Ummah are not left completely helpless

outside the scope of the law, upon them are bestowed

fundamental rights to exercise power and exert influence

to shape the form of the law according to prevailing needs.

Public opinion or ijma’ (consensus of the community) as a

source of law endows the community as a whole with

political sovereignty in “their own right”. 4

The exercise of such a right is quite evident in

Muslim historical records. It was upon such a right and

exercise of ijma’ that Muslims decided to elect Abu Bakr

al-Siddiq(d.634 A.D) as the first Caliph, the successor to

the Prophet. 5 Owing to the fact that the final

interpretation of law and its application and administration

were left in human hands, a wide range of legal authority

was bestowed upon the individual.


The importance of Islamic law and its role in the Islamic

political structure as well as the significance of the Muslim

community in the body politic are very well described by

Rosenthal as follows: “Islam as a way of life expresses

itself in the Shari’ah, the revealed law based upon Qur’an,

the Sunnah of the Prophet and the hadith, the body of

authentic traditions. The authoritative interpretation of the

Shari’ah is contained in the Fiqh, arrived at by the ijma’

of the jurists as the authoritative representatives of

jama’a the Muslim community”. 1

The Shari’ah, therefore provides a wide scope and

large basis for the political structure of the Islamic society.

It likewise prepares a fundamental frame of reference as a

constitutional law for both the rules and the ruled.

The source of athority and necessity are implied in the

following Quranic injunction which demands the

obedience and loyalty of the believers(al-Mu’minun) to

their rulers: “O ye faithful, obey God and the apostle and

those set in command amongst you”. 2 According to the

explicit meaning of this Quranic verse, authority in the

Muslim community is derived from three different sources,

i.e., God, His Prophet, and finally human agencies.

The absolute knowledge and power of God over man in

general gives Him the final authority. He is the sovereign

and the wielder of power who bestows the right to rule the

community upon whomsoever He wishes. The Prophet’s

authority, however, emanates from God. He is entitled to

obedience simply because God makes it mandatory for all

human beings to obey him. It is the office of the Prophet,

therefore, that gives him authority. The following is Ibn

Taimiyyah’s(1263-1328) account of the Prophet’s

Chapter Three 37

authority: “The Prophet received his mandate from God

and was not made Imam by the people possessing power,

or by his helpers, nor was be nominated to the Imamah

by a possessor. In short, obedience to him is not due

because he has received his sovereign authority from

same human agency, but only because God has made it

obligatory to obey him”. 1

Therefore, the Prophet renounced an Arab who once

addressed him: “Thou are our prince”, replying. “The

prince is God, not I”. 2 However, human agencies,

according to Islamic doctrine, are entitled to obedience

because the are elected to the office by the people and,

therefore, they are authorized to exercise power on their

behalf. The Qur’an declared the Muslim Ummah as the

“best Ummah raised up for mankind enjoining right

conduct and forbidding indecency”. 3

Although the Prophet, in his lifetime acting in

accordance with the injunctions of the Qur’an. 4 generally

consulted the Muslims in matters relating to the affairs of

the state 5 yet it was he alone who interpreted and

enforced the divine law and made dynamic changes in the


already existing customary law of the land. The decision

of the Prophet was obeyed by the Muslim Ummah at the

legitimate position of the Prophet as provided by the

revelation and the custom of the Muslim Ummah in the

that period. Authority was thus legitimate as long as it

was exercised and remained within the bounds of the

social structure of the Muslim Ummah.

With the death of the Prophet the structure of

political authority within the Muslim Ummah seems to

have develop in an ad-hoc manner. The Sunni political

principle of authority or power is simple enough that the

leadership of the Ummah must not be left vacant after

the death of the Prophet. Its vacancy means that

someone must be appointed to the supreme magistracy,

the principal task of which is to regulate the affairs of the

community. The Prophet had left behind two things, the

Qur’an and his Sunnah, and the Muslim Ummah were

required to strictly follow the injunctions contained in this

two authorities sources.

As a reward for their good deeds God had promised

Muslim the grant of kingdom upon the earth. He said:

“Wa’ada Allah Allaziyna Amanu Minkum Wa’amila

Al-Salihati Liyastaghlifannahum Fiyal-Ard” which

means: “God has promised, to those among you who

believe and work righteous deeds, that He will, of the

surety, grant them power in the land”, 1

According to the Quar’an power is a gift to the

Ummah for its good deeds. 2 Authority or power is like

wealth or knowledge; when vested in individuals, is a

trust and is to be exercised in accordance with the

priorities and limits set by God. In chapter IV verse 58,

God explained to us that after He granted the earthly

kingdom there were further directed to make over trusts

Chapter Three 39

to those worthy of it and that when they judge with

justice. This Quranic verse deals with the granting of

kingdom to Muslim who are here required to entrust the

affair of their state to men who are worthy of this

responsibility. The clause that follows requiring the judges

to be just corroborates this significance, the wole verse

stating the reciprocal duties of the governors and

governed.

In relation to the verse: “Inna Allah Ya’murukum An

Tuaddu al-Amanatu”, the Prophet is reported to have

said that it means government or their affairs of the state

and added that “when the trust(Amana) is wasted, wait

for the hour or doom(Sa’a). It was said, how Amana

could be wasted O Messenger of God? He said when

government is entrusted to those unworthy of it, then

wait for the doom. 1

Authority on earth is given to the Ummah, and it is

a sacred trust to be exercised bt members of the

Ummah(the ruler) for implementing the will of God and

for the betterment of the Muslim community at large.

Hense it is legitimate only when exercised within the

bounds and in accordance with the broad principles of

justice and equity as set forth in the Qur’an. 2

The importance if authority has been strongly

emphasized the Muslim thinkers have also discussed the

question of legitimacy of authority in Islam. Accordingly,

Muslims are bound to have a chief not only in political

affaiers but also in their daily life. Inb Taimiyyah quotes

the Prophet’s hadith as follows: The Iman Ahmad Inb

Hanbal(780-885) has related in his musnad on the

authority of ‘Abd Allah Inb Amr’ thatthe Prophet, has said

which means: “if three (of you) are in a desolate tract of


land, one if you must be chief”. 1 The Sunni Jurists also

hold opinion that there must always be a leader for

executing the ordinances, enforcing the law and legal

punishments directing the army, deviding the state

revenue and so forth. 2

Rule in Islam, according to them is neither

testamentary nor divinely ordained. Although Ibn

Khaldun(1332-1406) is a later authority on the subject,

yet his views in this connection are worthy of note. He

said: “Some wrongly assume the Imamate to be one of

the pillars of the faith. But it is of public interest. People

are delegated to take care of it. If it were one of the

pillars of the faith, the Prophet would have appointed a

representative, exactly as he appointed Abu Bakr al-Siddiq

to represent him at prayers.(Had he done so), it would

have become generally known as was the case with

prayer”. 3

From the above, it follows that legitimacy is

determined by the free choice of members of the Muslim

Ummah who elect someone as their leader for

administering the polity left behind by the Prophet. 4 The

Sunnites further hold that legitimate authority is

constituted by election on the part of either the masses or

their leaders as had been the case in the choice of the

immediate successors of the Prophet. In case election is

not feasible,, they assert, then the reigning ruler ha the

right or authority to nominate someone as his successor.

But any succession, in order to be valid, must be

Chapter Three 41

Confirmed by the prominent members if the Ummah as

well as the common people. 1

What follows from the foregoing discussion is that

according to the Sunnites, legitimacy is determined and is

established bt the members if the Muslim Ummah. The

ruler can be deposed if he flagrantly violates the

injunctions of the Shari’ah. 2 The Sunnites confine

leadership to the tribe of Qurayah whereas the Khawarij

and the Mu’tazilites keep it open for any qualified Muslim,

According to the Shi’ites, authority is legitimate only when

it is within the family of ‘Ali and his decedents.

Beside the mentioned theoretical view presented by

different schools of though: the Islamic history has also

shown that the question of legitimacy was determined by

the members of the Ummah empirically in the light of the

general principles of the social structure founded by the

Prophet. Abu Bakr was thus elected head of the state by

the prominent members of the Ummah at Saqifa Inb

Sa’idah. His election was ratified by the masses the next

day at the central mosque. His inaugural speech has

thrown light on the question of legitimacy. Abu Bakr said:

“O people! You have elected me(your chief executive)

although I am not the best among you. If I do the right

support me; If I am wrong, set me right. Obey me as long

as I obey God and His Messenger. If I go against the

injunctions of the God and His Prophet, then no obedience

is due from you”. 3

It is clear, the concept of legitimacy of political authority

in Islam rests on the Ummah. The Muslims as the

vicegerents of God have to elect some trustworthy man

from among themselves to administer the policy. The


ruler is thus not only responsible to God for his acts but

also to the members of the Ummah as well. This also

makes it clear that rule n Islam is not hereditary.

As a conclusion, we can said that the attribution of

ultimate sovereignty to God is of no political significance

until human agency is identified that can authoritatively

decide what God’s decrees are. This agency is the

Shura(consultative assembly). In the classical Islamic

state men of supreme talent around the rules added and

advised the rulers in interpreting and applying the laws

governing the relationship between individuals and state,

on the one hand, and between God and individuals, one

the other. The rulers not only held themselves responsible

to God but to the people as well.

Then, immediate sovereignty, therefore, belonged ti the

Ummah that determined legitimacy of political authority.

Thus from the very beginning the principle was

established that rulers should derive their authority from

the community and that their authority is legitimate as

long as they perform their functions within the limits

prescribed by the Shari’ah. This also establishes the fact

that the state in Islam derives its sanction from the

Ummah and that it is democratic in nature, although

democracy may take different forms according to the

circumferences and conditions prevailing at a given time

and space.

It is a fact that participation of the masses in the

affairs of government through direct ir indirect ways plays

a vital role in the social stability and political development

of any society. However, Islamic history has shown that

the murder of “Uthman Inb ‘Affan(576-656) was set back

to political development, and the death of Caliph ‘Ali Inb

Abi Talib(610-660) lead the legitimacy of political

authority to be determined by force and not by the natural

process of mutual trust, confidence and consultation.

CHAPTER FOUR

SOVEREIGNTY IN ISLAM

The idea of sovereignty in Islam is one of the most

prominent factors of Islamic political theory. Sovereignty

is also regarded as the central concept of the modern

state system which determines all international relations,

and endows the laws within a state which legitimacy and

validity. It is the concept if sovereignty which

distinguishes a state from other human institutions and

associations. In the international context, sovereignty

implies the recognition of the state as having rights of

jurisdiction over a particular people and territory. In the

national context, sovereignty lies in command over a

society.

DEFENITION OF SOVEREIGNTY

In the terminology of modern political science, the word of

sovereignty is used the sense if absolute over-lordship or

complete suzerainty. In the terminology, the word

“sovereignty” is derived from Latin word superatus which

means supreme. The definition of the term are numerous

but “it always signifies a highest governmental and legal


Authority of some sort”. 1 Jean Budin(d. 1596 D) who first

developed the concepts of sovereignty in modern political

thought defined as “summa in civis ae subditos,

legibusque soluto poistes”, i.e., the supreme power of

the state over citizens and subjects, unrestrained by law. 2

Now, it is supreme both in respect of time and space. In

respect time, supremacy means perpetuity.

Sovereignty therefore, is perpetual possession of

power; it is not for a limited period at the expiration of

which authority ceases. In respect of space, within the

territorial limits of the kingdom, the writ of the sovereign

runs and everyone is bound by his commands, Grotius(d.

1645 A.D.) defined it as “the supreme political power in

him whose acts are not subject to any other and whose

will cannot be overridden”. 3 Burges characterizes it as

“original absolute unlimited power over the individual

subject and over all associations of subject”. 4 Burges calls

it “the underived and independent power to command and

compel obedience” The attributes and characteristics of

sovereignty are said to be permanence, exclusiveness, allcomprehensiveness,

indivisibility and absoluteness.

These definition explained to us that “sovereign” has

the undisputed right to impose his orders on all subjects

of the state and the subjects are under an absolute

obligation ti obey them, be it willingly or unwillingly. No

outside agency, excepting his own will, imposes any

Chapter Four 45

limitations or restriction on his power to rule. No subject

has any right against him or in contravention of his rulers.

Whatever rights anybody enjoys emanate from him and

whatever rights be withdrawn become extinct forthwith. It

is a universal legal action that every right in law comes

into existence only because the Law Giver desires it to be

so.

If, therefore, the Law Giver withdraws it, its every

existence in obliterated and if cannot be demanded

thereafter. Laws come into existence by dint of the will of

the sovereign and place all subjects of the state under an

obligation to obey them; but no no law binds the

sovereign himself. In other words, he is the absolute

authority, which means that, in relation to his orders,

questions of good and evil and right and wrong cannot

and should not arise at all. Whatever he does, is just and

nobody can question his conduct or his orders and their

enforcement. His behaviour is the creation of right and

wrong and none can question it. It is thus inescapable

that the “sovereign” should be accepted as being

absolutely above all abet-rations errors, even though he

may not actually be so. Such is the nature of the concept

of “sovereignty” in terms of juridical theory. Nothing short

of this can be termed as “Sovereignty”.

This “sovereignty”, however, remains a mere legal

supposition so long as some active paramount capable of

enforcement it is not available. In the language of political

“sovereignty” has no political existence. Political sovereign

thus naturally means ownership of the authority of

enforcing legal “sovereignty”.

In modern Arabic terminology, the term “al-siyadah”

derived from the “sayyid” (chief) is used for sovereignty” 1 .


In the text of the Qur’an, there are references to the

terms “sayyid” in the sense of a matter. 1 but we do not

find any references to “siyadah”. We may conclude, then

that the term “siyadah” is not used in the Quranic context

at all. And as such has no relevance to Islamic political

theory.

However, the term “al-mulk” occurs frequently in

the Qur’an. Literally it means kingship, sovereignty,

lordship. 2 A French orientalist, investigating the origin and

development of the concept of al-mulk in the Qur’an,

observes that the word was perhaps of foreign origin and

was introduced by the tribes migrating from southern

Arabia into the Arabic vocabulary of central Arabia. The

institution of kingship was well established in the settled

agricultural communities of southern Arabia. The southern

Arabian kingdoms of the pre-Islamic era were established

under the direct influence of the Sasanid and Abyssinian

empires. 3

The institution of kingshp as practised in persia was

based on the idea of hereditary succession and dynastic

rule. The king exercised absolute, indivisible, and

inalienable powers. He was not accountable to anyone,

nor was he subject in any other power. This is the reason

the Persian term for kingship is more specific. Padishah

and shabinashah in Persian language mean “king” and

“King of kings” respectively. 4

Chapter Four 47

Similarly in ancient India, maharaja 1 and samrat 2

were respectively used in the same sense. There

expressions imply the idea of a supreme political power

which is vested in someone, and which continues in the

same dynasty through heredity succession. Consequently,

the concept of kingpin connote a relationship of

subordination between the ruler and his subjects. The

people do not have any rights against the king. Thus, the

development of the institution of kingship can be traced

back to the ancient oriental concept of sacred kingship.

In the test of the Qur’an the word mulk has been

exclusively used for God Almighty. Of course, the word

mulk and malik in the sense of kingdom(or kingship) and

king respectively have been used with reference to

Solomon and David and Saul(Talut). 2 In the latter case,

malik means Prophet-ruler. With these two exceptions,

the word mulk and malik always refer to God.

Therefore, the terms are used in a unique sense in

the Qur’an. Such a usage is also quite consistent with the

concept od deity in Islam which forms the basis of the

Islamic political theology. God is the Creator, Owner, and

Sustainer of the universe. In this connection onen may

also refer to another Quranic expression, rububiyah. It is

an attribute of God and Rabb is one of the names of God.

The concept of sovereignty is consistent with all these

attributes of God. Hence, many Muslim thinkers have

postulated that universal sovereignty belongs to no

human being because it is the attribute of God alone.

From this concept, they derive the parallel theory if Divine

Sovereignty. If God is the sovereign of the universe, He

should also be sovereign in the parallel sense.


LOCATION OF SOVEREIGNTY

To understand the location of sovereignty in Islam, it is

necessary for us first to know the development of the

theory of sovereignty in western political thought in order

to reconstruct a political theory of Islam. The term

sovereignty and its other equivalents such as supreme

protestats and majestas imply the idea of a supreme

central power in human society. The emergence of such a

supreme central power in Europe was occasioned by the

growing impact of religious and political movements which

militated against the diffused political power of the

medieval European political culture.

Tho revolutions ultimately brought about the major

change is the concept and structure of the political

authority:

1. The reformation which paved the way for the

separation of the Church and the State; and

2. The Industrial Revolution which transformed the

medieval culture into independent integrated and doctrine

of divine national cultures.

At first the kings ruled by virtue of the doctrine of

divine right and therefore, exercised absolute political

power. The emergence of nationalism as a mass

movement shifted the focus of power from the king to the

people, and there followed a long struggle between the

people and the kings. In this struggle, the people were

successful in asserting their claims to sovereign on the

basis of a social contract as the valid explanation of the

origin of civil society. In the sphere of politics, the idea of

popular sovereignty was gaining ground. Similarly in law,

the idea of nation-state was gradually emerging. The two

strands of thought were fused together, and gave birth to

the concept of state sovereignty.

During the classical and medieval periods of Muslim

history, the Islamic community did not experience such a

Chapter Four 49

course of political development. Consequently the concept

of sovereignty did not evolve. This Western political

concept made its inroad into Muslim thinking during the

course of nineteenth and twentieth centuries when the

Muslim was exposed to the colonial domination of the

European powers. The medieval political institutions lasted

until the Ottoman Caliphate was abolished in 1924 when

modern Turkey, under the leadership of Mustafa Kemal

Ataturk, decided for the first time to overthrow the

medieval institutions and organize the young Republic

along European lines, accepting its legal, political and

cultural values as guidelines for modernization.

In the new Turkish constitution that Turkish people were

declared to be sovereign, and the sixfold principles of

secularism, nationalism, populism, etatism, revolution and

democracy were adopted as the instruments of national

reconstruction. This new philosophy brought about a

complete break with past traditions. We have sufficient

historical evidence to prove that in establishing a new

political order, the Turkish elites, in the initial stages of

the revolution, had attempted to rationalize their

approaches to modernization in Islamic terminology.

In the light of the above discussion, we may notice

that sovereignty In the sense of modern political science

is the most important attribute of the modern state. The

modern territorial state must be independent from any

foreign control and free from any limitation from within

the community. Such a concept of modern state is not

compatible with the Islamic notion of sovereignty as

enunciated above.

According to Islamic belief, no human being nor any group

of human beings can arrogate to itself the claim to


absolute, permanent, inalienable, and indivisible

sovereignty God is the only sovereign over the entire

universe, and has all the attributes of ultimate power.

This implies that in an Islamic society the political

authority is subject to divine laws (Shari’ah). The Muslim

state is neither independent to conduct its foreign

relations nor has the exclusive right to lay down its

domestic policies, as its authorities is restrained by

Shari’ah. Thus, the Islamic concept of sovereignty lies in

Shari’ah.

It is exactly for this reason that experts of political

science imbued with this ideological sense of sovereignty

in human society, have failed. For they can not find from

amongst the human beings fit to that position. The Holy

Qur’an mentioned: “ Lahu al-hukmu wa ilaihi turja’una”

which means: “To Him belongs the command, and to Him

will ye(all) be brought back”. God also said: “Innialhukmu

illa lilah amana alla ta’budu illa iyyahu” which

gives the meaning: “The command is for none but God.

He hath commanded that ye none but Him”.

The verses confirm that it has been definitely laid down in

Islam that de jure sovereignty Also belong to God whose

defacto sovereignty in inherent and manifest in the

working of the entire universe and who enjoys exclusively

the sovereign prerogative over all creations. However, the

Shari’ah has bestowed upon the Islamic nation (Ummah)

and upon its leadership(Caliph or President) a special

sovereignty power to be exercised when necessary. This

is the result, the sovereignty of God unable to operate in

human society because God cannot be an immediate

ruler in the political connotation. It is not God but God’s

law (Shari’ah) which provides the basis of the state. As

such the term can be applied to an Islamic state is “a

Chapter Four 51

system or government based on a legal code; the rule of

law in community”. But a better term that can explain

more appropriately the nature of Islamic form of state

would be the Khalifah.

It Is significant to note that while the Qur’an emphasizes

the sovereignty of God, it repeatedly refers to man as has

been conferred His wise vicegerency. To quote a few

Quranic verses which say :”Inni Ja ‘illun Fi al-Ardi

Khalifahtan”, which means: “I will create a vicegerent on

earth”. Again God said: “Wazkuru Iz Ja’alakum

Khulafa” which means: “And remember how He made

you inheritors”. “Wayatakhifukum Fi al-Ardi”, “And

make you inheritors in the earth”.

These Quranic verses explain to us that the concept

of sovereignty is replaced by that of vicegerency of God,

according to which the state is made subject to the will of

God which has finally been expressed in the Qur’an and

the tradition of the Prophet. Al-Alusi says: “the rule of the

Holy Prophet is, in fact the rule of God, After the Prophet,

his Ummah succeeds to the power to rule”. There is also

a verse in the Qur'an which refers to the bestowal of

authority to rule on the people(Ummah). For example

verse 54 in chapter 1V says: “wa atainahum mulkan

‘adiman”, which means: “God conferred on the

successors of Abraham a great kingdom”.


However the Ummah places itself under auto

limitation by declaring individually as well as collectively

the moral sovereignty of God. Hence, according to

Islamic theory, the sovereignty power is delegated by God

to the Ummah as a trust. The Ummah can, therefore,

legitimately exercise this delegated authority only in

accordance with the Shari’ah.

Since sovereignty signifies the power to determine

policy and enforce it through the law and other institutions,

It can only be justly and expediently based on consent of

the whole of the population purported to be so

governed. Null it is not possible practicable for all of the

Muslim community(Ummah) to exercise the authority to

rule delegated to them directly; It therefore became

necessary for them to choose and appoint its

representatives or leader for discharging the duties of

government. The leader chosen in the classical period

was called Caliph(Khalifah), the President or Prime

Minister in modern times. But the Shari’ah does not

provide specific details about suffrage or procedures for

the election of leaders. The features of the election are

ignored deliberately, thus providing an opportunity to

develop the procedures of laws to regulate the

sovereignty power bestowed upon the Ummah in

accordance with its circumstances and exigencies. The

election process is always supposed to reflect equality and

justice.

However the election regulations must never be

considered a part of the Shari’ah, because they are

always susceptible to change according to the prevailing

situation. The procedures used to elect the first four

Caliphs during the early decades of the first Islamic

century are not by any means acceptable in the modern

fifteenth century of the Islamic era. If the situation were

stable and predictable and election procedures not liable

to develop or change the Shari’ah would not have

hesitated to prescribe full details to regulate an election.

Chapter Four 53

It would be amply clear by now that the real delegates of

the authority, the people(Ummah) and the head of state

or president , is elected or appointed by them for the

exercise of authority vested in them. This is the most

significant step towards a representative government

which is commissioned to carry out God’s mandate. The

appointment of the head of government is subject to the

will of the people and the appointee only acts as the chief

executive whose duty will be to look after the welfare,

material prosperity, and to exercise or execute the

Shari’ah, the Constitutional law and the state laws that

are not explicitly outlined. In relation to this matter, the

Shari’ah has declared an order for the Ummah : “Ya

Aiyuha al-Lazina Amanu Ati ‘u Allah wa Ati ’ual-

Rasul Wa Uli Al-Amr Minkum”, which means: “O ye

who believe! Obey God, and obey the Apostle, and those

charged with the authority among you”.

The Ummah, Collectively and individually, has to obey

fully the Shari’ah, and in the same degree the state

enacts laws that are recognized in the cited verse

(and those who are power among you). Meanwhile, no

belligerent act is permitted against the elected authority

as long as it does not deviate from the basic instructions

of the Shari’ah.

Therefore, the traditional theory, under the pressure of

political exigencies, is willing to tolerate even a bad ruler

or tyrant so long as he does not act against the

Shari’ah. The orthodox Sunni theory does not conceive

of the situation of political anarchy within the Ummah

since political anarchy creates a legal vacuum by the

suspension of the enforcement of the Shari’ah. The

Shari’ah pre-purposes the existence of an enforcing

agent reading the Ummah. But this does not necessarily

preclude scope for the theory of the right of political

resistance against the chief executive of the Ummah.


In fact, there are two situations in which the

Ummah can legitimately revoke its trust in the chief

executive:

1. As Mentioned above, in case the head of state acts in

violation of the Shari’ah.

2. If the head of the state acts clearly in the violation of

the terms of the general mandate that he had obtained

from Ummah.

In other words, if he fails to maintain the public law

and order and is unable to protect life and property of the

individuals, then he would forsake his right to the state.

This problem should be explored in the treatises of the

jurists. Perhaps, political scientists may discover the

cogent reason for the failure of the Ummah to work out

an elaborate system of democratic government, since the

theory of democracy generally implies a recognition of the

ultimate rights of the people to revolt. The mentioned

Quranic verse (IV:59) emphasizes the obedience and

compliance of the believers towards their leaders.

Whenever a dispute arises the Shari’ah must be the first

and last source to which they turn for judgement.

In conclusion, fourteen centuries ago, the Qur’an

proclaimed that “only the laws are sovereign”.

Proclamation is designed to be the first step toward a

democratic and liberal society. Islam delineates the basic

elements for a democratic government that is to be

elected by by the Ummah. The Shari’ah law recognizes

the need for state law to cover those areas that may not

otherwise have been covered. Certain sovereign power

and authority is given to both the Ummah and its leaders

to exercise and execute the Shari’ah. The Ummah has

been instructed to obey fully the state-enacted laws

unless they deviate from the Shari’ah’s guidance.

CHAPTER FIVE

CONCEPT OF SHURA AND ITS

HISTORICAL DEVELOPMENT

AS A POLITICAL

REPRESENTATION IN ISLAM

The issue of Shura in the Muslim community has great

significance as it is also an international phenomenon

among many civilized nations in the world; this is

manifested in the widespread use of such terms as “alnadwah”,

1 ”elders council”, “majlis” and “mala” 2

“counsel”, “cubolia”, “ekklesia”, and “boule”. 3

1. Abu al-Walid Ahmad b. Muhammad al-Azraki, Akhbar Makkah. (Mecca:

Matba'ah Ahl al-Sa'ud, n.d.), pp. 65, 465.; Jawad 'Ali, Al-Mufassal Fi al-

Tarikh al-'Arab Qabl al-Islam. (Beirut: Dar al-Fikr, 1970), vol. 4, p. 47.

2. Jawad 'Ali, Al-Mufassal Fi al-Tarikh. op.cit., p. 47.; See also M.Th.

Houtsma & A.J. Wensinck, Encyclopaedia of Islam. (Leiden:E.J. Brill,

1936), vol. 3, p. 438.

3. J.H. Burns, The Cambridge History of Medieval Political

Thought.(Cambridge: Cambridge University Press, 1988), p. 545.


The Practise of Shura is meant to apply to mutual

consultation at all levels of individual and social

interactions. 1 The Prophet also was ordered by God to

conduct Shura with his companions in any worldly matter

where there was no revelation. 2 If the Prophet with all his

infallibility and greatness is duty bound to consult with the

followers, ordinary Muslim leaders' need for consultation is

multiplied by the amount of differences between him and

the Prophet. It is on this basis Ibn Taimiyyah has said that:

"The leader has no other option but to resort to Shura

since God has commanded His Prophet to do so. All others,

therefore, have a special need for mutual consultation". 3

In the Surah al-Shura (XLII:36-38) we find that the

description of the believers as those "who conduct their

affairs by counsel" denotes that Shura is one of the traits

of Islam which should adorn Muslims whether they are

only a group without an established state, which was the

situation of the Muslims in Mecca,or form a fully

established state as was the case of the Muslims in

Medina. As an Islamic trait the practices of Shura also

related to God.

1. See for example the family, the smallest unit of social structure is also

asked to practice Shura before deciding upon important issues. The

Qur'an taught parents to discuss a child's weaning through an exchange of

views (Shura) between wife and husband, as the God said which means:

"And if both parents decide by mutual consent and counsel upon weaning

the child, they are permitted to do so". (II:233).

2. 'Ala al-Din 'Ali b. Muhammad Ibn Ibrahim al-Baghdadi, Lubab al-

Ta'wil Fi Ma'ani al-Tanzil (Tafsir al-Khazin). (Beirut: Matba'ah

Muhammad Amin Damaj, 1955), vol. 1 p. 296.; Abu Ja'far Muhammad b.

Jarir al-Tabari, Jami' al-Bayan 'An Ta'wil Ai al-Qur'an. (Cairo: Dar al-

Ma'arif, n.d.) vol. 7, p. 343.

3. Taqi al-Din Ahmad Ibn Taimiyyah, Al-Siyasah al-Shar'iyyah. (Cairo:

Matba'ah Babi al-Halabi, 1956), p. 158.

Chapter Five 57

Then, the implementation of Shura in Islam is not

only regarded as legal obligation of the believers, but it is

also as the religious one. Abdalati says: “Consultative

methods in politics, or in any other field for that matter,

are not only a democratic formula of goverment, but a

religious injunction and moral duty enjoined upon the

rulers as well as the ruled.” 1

In deed, Shura has played a vital role in the political

development of the early Islamic state, as the Prophet

himself kept on consulting his people or their leaders in

almost all daily affairs of the state. This is because no one

in Islam has the absolute authority over the affairs of the

Muslim community. It appears that the Prophet practised

Shura with the specific objective to rule out absolutism

from the body politic of Islam. That seems to be the

reason why he consulted Muslims in the affairs relating to

the conduct of state and government. Hence, Shura

effectively restricts the executive's power, leaving no

loopholes for the potentiality of dictators as rulers.

DEFINITION OF SHURA

The term of Shura is an Arabic term derived from the

verb of Shawara. In order to understand the real

meaning of Shura, it is necessary to understand the word

of Shara. Shara-Yashuru and Shawrun mean: the

exhibited, showed, or displayed, a thing. The Arabs said:

"Sharat al-'Asal" which means he took out honey from

its place; or "Sharat al Dabbat Washawratuha" he

1. Hammudah Abdalati, Islam in Focus. (Singapore: Muslim Youth

Assembly, 1980), p. 134-135.


exhibited, or displayed, the bees, for sale. 1 Then we can

understood that the root meaning of Shura from its literal

meaning is to extract honey from the small hollow in the

rock in which it is deposited by the wild bees or to get it

from hives and other places.

However, from its technical usage Scholars have

differed in giving the definition of Shura. Al-Asfahani (d.

916 A.D.) has defined Shura as extracting an opinion as a

result of consulting one another 2 , and Ibn 'Arabi (d. 1148

A.D.) commented Shura as a meeting on a matter on

which each one seeks the advice of another for bringing

up his opinion. 3 Contemporary scholars al-Khaliq, al-Duri,

have defined Shura as to evaluate the opinion of

experienced people in certain affairs so as to direct us to

the positive position which is closest to the truth; 4 and al-

Khalidi said that Shura is a meeting to discuss something

in which each considers the others so as to obtain

opinion, 5 or to present the matter to the chosen group of

people in order to know its meaning or aim.

1. Ibn Manzur Jamal al-Din Muhammad b. Mukarram al-Ansari, Lisanal-

'Arab. (Cairo: al-Muassasah al-Misriyyah al-'Ammah Li al-Ta'lif Wa al-

Nashr, 1965), vol. 6, pp. 103-106.; See also Muhammad 'Abd al-Qadir

Abu Faris, Al-Nizam al-Siyasi Fi al-Islam. (Kuweit: al-Ittihad al-Islami

al-'Alami, 1984), p. 78.

2. Abu Thana Shibab al-Din, al-Alusi, Ruh al-Ma'ani Fi Tafsir al-Qur'an

ak-Karim Wa Sab'i al-Mathani. (Cairo: Matba'ah al-Munirah, 1345,

A.H.), vol. 25, p. 42.

3. Abu Bakr Muhammad b. 'Abd Allah Ibn al-'Arabi, Ahkam al-Qur'an.

(Matba'ah al-Babi al-Halabi, 1958), vol. 1, p. 297.

4. 'Abd al-Rahman al-Khaliq, Al-Shura Fi Zilli Nizam al-Hukm al-

Islami. (Kuweit: Dar al-Salafiyyah, 1975), p. 14.; Qahtan 'Abd al-

Rahman al-Duri, Al-Shura Bayn al-Nadariyyah Wa al-Tatbiq.

(Baghdad: Matba'ah al-Ummah, 1974), p. 14.

5. Mahmud 'Abd al-Majid al-Khalidi, Al-Shura. (Oman: Maktabah al-

Muhtasib, 1984), p. 14.

Chapter Five 59

These definitions given by contemporary Muslims

scholars suit a particular line of thinking out of many

forms of understanding of the term which are wide and

comprehensive; and the above concept of Shura

concentrates on the technical and the professional patter

of life in which the Majlis al-Shura needs the opinion of

the people who have thoughts and experience in the

technical and professional problems only, such as the

opinion of the constructor or engineer.

The concept of Shura that we are discussing in this

work is as a complete government system and is by itself

based on the Shari'ah. As already noted, the early

Islamic history has seen that the term Shura was used in

connection with consultation over decisions of the

leadership of the Islamic Ummah. In particular it is the

term used for the procedure adopted by Umar Ibn al-

Khattab (d. 644 A.D.) on his death-bed for six important

companions of the Prophet to decide on the leadership of

the Ummah after him.

Based on the above elaboration the most suitable

definition of Shura as a governmental system is to

evaluate the opinion of the Ummah (nation) with regard

to the affairs of common interest which are conducive to

the positive and healthy development of the state. This

evaluation could be direct from the individuals themselves

or indirectly through their representatives. For this we can

discern that Majlis al-Shura in Islam is a sort of House of

Representatives or the Parliament itself as we have in

modern day political establishments. Among those who

hold the opinion on the recommended nature (li al-nadab)

of the implementation of Shura are Ibn Hazm (d. 1063

A.D.) and Imam Shafii (d. 820 A.D.). Ibn Hazm has based

his argument on the obligatory nature of implementing of


Shura that "God did not order the Prophet to consult

them in anything of religion”. 1 Judging from the said

argument we understand that Ibn Hazm has made his

statement with reference to religious of Shari’ah matters

only, and this does not change the position of the ordinary

nature of Shura; as it is known that Shura is not

applicable in religious matters, but only in the field of

worldly affairs,does its implementation remains as an

obligation. While Imam Shafi'i in supporting his stand he

applied an analogy based on the Prophet's sunnah which

says: "wa al-bikru tusta'mar fi nafsiha" which means

that the virgin has to be asked of her concern. It is

important to mention here that marriage is a personal

affair that cannot be compared with the case of Shura,

which involves the affair of the whole Ummah in general.

Therefore, this analogy is not applicable. Then, it is

sound for us to agree with the opinions of those who say

that the implementation of Shura becomes an obligation

upon the Muslim rulers in settling the affairs of the Muslim

Ummah.

THE SCOPE OF SHURA

The Qur'an provided two main injunctions which directly

refer to the concept of Shura. The first is the Quranic

passage; "amruhum shura baynahum" 2 which means

who conduct their affairs by consultation. The other is:

"washawirhum fi al-amr", 3 which means" and consult

them in affairs".

1. Abu Muhammad 'Ali b. Ahmad b. Sa'id b. Hazm al-Dahiri, Ahkam Fi

Usul al-Ahkam. (Cairo: Matba'ah 'Asimah, 1970), p. 770.; Salah al-Din

al-Dabbusi, Al-Khalifah: Tawliyatuh Wa 'Azluh. (Cairo: Muassasah al-

Thaqafah al-Islamiyyah, 1965), p. 221

2. Al-Qur'an, XLII:38.

3. Ibid., III:159.

Chapter Five 61

In the said verses we find that the scope or subject

of Shura are the words “amruhum”(their affairs) and “alamr”

is the general term, which gives the meaning, the

affairs of the Muslim Ummah in general, and this

generality applies to all Islamic affairs which enable the

Muslim to develop under the shade of the Islamic state.

However, there are Muslim scholars who hold the

view of confining the subject of Shura to matters

concerning war and its treaty only. 1 As Mutwalli said on

this subject "the Prophet and the early Caliph sought

advice primarily only in matters of war". 2 These scholars

were led to confine the subject of Shura to matters

dealing with war and treaty only as a result of their having

confined their interpretation of the Shura's verse to the

events that occurred at the time the revelation was

received. (Regardless of the generality and wide

applicability of the quranic words.) Thus, this makes

Shura restricted to particular situations which may not

always be available, and this stand also can lead towards

the destruction of the political identity of the Muslim

Ummah by reducing their political power in their political

life.

The Holy Qur'an does not provide any evidence which

can lead the subject of Shura to the specific affairs only.

For that reason, most Muslim scholars agree to say that

Shura is obligatory in all affairs of Muslim life, 3 and in the

affairs of state in general. But, this form of broad

applicability may not in fact be the intention of the

118 Zakaria 'Abd al-Mun'im Ibrahim al-Khatib, Nizam al-Shura Fial

Islam Wa al-Nizam al-Dimuqratiyyah al-Mu'asirah. (Cairo: Dar al-

Fikr al-'Arabi, 1985), p. 180.

119 Quoted from Fazlur Rahman, "Shura: A Recent Controversy

Interpretation", International Journal of Middle Eastern Studies, vol.

1, no. (4), p. 293.

120 Isma'il al-Badawi, Mabda' al-Shura Fial-Shari'ah al-Islamiyyah.

(Cairo: Dar al-Fikr al-'Arabi, 1981), p. 28.


Quranic text which sets forth the order for Shura because

there are two conditions to be observed with respect to it.

The first conditions is that Shura is not applicable to

questions on which an injunction exists in the Holy Qur’an

or in the Sunnah of the Prophet. The Second condition is

that when a question is referred to Shura, the advisors

are precluded from reaching a decision contradicting a

legislative injunction in the Qur’an and the Sunnah.

The question raised here is does this mean that

every public issue, no matter how minor, must be decided

through Shura? The Shari'ah is not specific on this point.

Consequently, Muslim scholars are divided in their

interpretation of the injunction of Shura into two major

schools of thought.

According to those who believe in "literal

participation", the Shari'ah must be decided through

Shura between the rulers and the ruled, no matter how

minor. To do otherwise, they maintain, would be a

violation of the Quranic injunction of Shura. This legal

opinion is best presented by 'Audah (d. 1957 A.D.) who

writes: "The submission of all matters to the Ummah for

consultation is a duty of the statesmen. Shari'ah obliges

the chief executive to consult with the Ummah about

every public matter whether such matter was of minor, or

of major, importance. The statement which neglects this

rule is violation of his office mandate". 1

The second group of Muslim scholars who subcribe to

the executive strength school take a less stringent

position. They believe that, although the injunctions of

Shura are not specific, obviously not every minor matter

must be decided collectively. According to them, only

major policy-making decisions should be made by mutual

1. 'Abd al-Qadir al 'Awadah, Al-Islam Wa Awda'una al-Siyasiyyah.

(Cairo:Mukhtar al-Islamiy, 1965), p. 174.

Chapter Five 63

consultation; insistence on the subjection of every minor

issue in the day to day decision making process to popular

or representative debate would, in their opinion, paralyse

the government and break the system, neither of which it

is in the best interest of the community. 1 As such, the

chief executive, they argue, should be accorded the

authority to make minor decisions without consultation

with the Ummah.

It seems the interpretation of the executive strength

school is more consonant with the Shari'ah. The divine

law largely leaves the manner of applying the principle of

Shura to the discretion of the Ummah at any point in

time. With the exception of major policy-making decisions,

which are out to be decided by consultation, the Muslims

may empower the chief executive with any authority they

desire.

Although the Qur'an prescribes consultation, it does

not rule out the delegation of certain powers and what is

to be delegated is to be decided upon by the Muslim

Ummah, given their actual condition. The call for making

"all" decisions on public matters by consultation, as the

literal school advocates, is, for all practical purposes,

unworkable. In fact, it would wreck any modern political

system except perhaps in very small states. Why? To

begin with, some decisions require expertise that could be

amply found only in the executive branch. Such expertise

is usually beyond the reach of the common citizen.

In some other cases, decision making requires both

speed and secrecy. Neither speed nor secrecy are

collateral characteristics of collective debates. Indeed,

public representation could hamper the nation's ability to

conduct its foreign policy, or endanger its security,

1. Al-Duri, Al-Shura Bayn al-Nazariyyah.op.cit.,pp.213-215.


or both. 1 As such, the delegation of the certain decision

making powers to the Muslim head of state, subject to

later review, is, in opinion, a matter if national necessary;

hence a legal obligation upon the Muslim. 2

The question here is by what standard could the

distinction be made between the policy making decisions

that ought to be made by mutual consultation, and other

minor decisions that could be delegated to the Muslim

chief executive. The distinction is admittedly difficult to

make in advance. This, in fact, explains why Shura is

prescribed for the Muslims as a constitutional principle

while the details of its application are left open.

Consequently, every generation has been given

considerable legal attitude to determine, according to

existing circumstances, and which they should share with

the head of state, or delegate to him or to any other

representative body. This principle is consistent with the

subjects specified by the Shari'ah for consultation, which

belong mainly to the area of worldly interactions

(mu'amalah). 3

By their nature, these subjects are considered to

time bound, in which case the standard classification of

one generation may not be applicable to the following

generation. This is to say, what one generation may

consider as a policy making decision, requiring

consultation, may not be considered as such by the

coming generation.

1. W. Taylor revly III, Presidential War-Making. (New York: Good Year

Publishing Co., 1971), pp. 243-245.

2. The realization of the interest of the Ummah constitutes a religious

obligation on both ruler and the ruled at any point in time.

3. Al-Duri, Al-Shura Bayn al-Nazariyyah.op.cit.,pp.64-65

Chapter Five 65

DEVELOPMENT OF SHURA AS A POLITICAL

REPRESENRATIVE

To have a clear picture of the development of Shura

as political representative in the classical period of Islam

history, it is worthy to note that at the beginning of his

Prophet-hood, the general practice of Shura by the

Prophet was mainly with the leading companions, a

selected number of tribal leaders and the men of supreme

talent in society. 1 These prominent men were the

personalities who had been associated with the Prophet

from the very beginning, and those who subsequently

became prominent by virtue of their sacrifices, insight and

ability. The members of these groups enjoyed the

confidence of the Prophet himself.

In later periods, especially after migration to Medina,

certain influential personalities of Medina had embraced

Islam and through their effort, labors, Islam had

established a secure foothold in that city among the tribes

of 'Aus and Khazraj. 2 It was, therefore, only natural that

these people should be included in the Majlis al-Shura of

the Prophet along with his first companious associated

from Mecca. These people thus became the

representatives of people through a natural process of

selection, and they enjoyed the confidence of the Muslim

masses to such a degree that if elections of the modern

days would have been held, these and these people alone

would have been chosen. However, in the period of the

pious Caliphs, two kinds of people had been included as

members of the Majlis al Shura. They are:

1. 'Imad al-din Abu al-Fida' Isma'il b. Kathir, Tafsir al-Qur'an al-'Azim.

(Beirut: Dar Ihya' al-Turath al-'Arabi, 1968), vol. 1, p. 420.

2. Muhammad al-Sadiq 'Afifi, Al-Mujtama' al-Islami Wa Usul al- Hukum.

(Cairo: Dar al-'I'tisam, 1980), p. 77


1. Those who during the next eight to ten years rendered

service in politics, military and missionary fields to such as

extent that in all important matters everybody

automatically looked to them for guidance.

2. Those persons who gradually became well-known for

their wide knowledge and deep insight in the field of

jurisprudence. 1 After the death of the Prophet, the Muslim

Ummah naturally treated them as being the most reliable

authorities in the country. By the same process of natural

selection, this group of people together with the former

group mentioned above, were automatically included in

the Majlis al-Shura of the Prophet's successors.

As Islam spread throughout the entire Arabian

peninsula and beyond, it became obvious that not every

tribal unit, or every segment of the population, especially

in the newly conquered territories, was represented in the

Majlis al-Shura. This state of affairs could have

warranted some type of general election, or at least some

process whereby the existing leaders of those

communities could have been included in the Majlis al-

Shura in order to make it more representative of the

people.

However, one should keep in mind that this kind of

government by consultation practically lasted for about

twenty-three years only. It began with the reign of the

Prophet and the two elders of the Caliphs, Abu Bakr al-

Siddiq and ‘Umar Ibn al-Khattab. Besides the limited time

span, the twenty-three years were full of military activities

which resulted in the conquest of the Sasanid and the

Eastern Byzantine empires. The shortness of this period

and the pressure of the events simply left the Majlis al-

Shura with no time to consider such an undertaking in

the form of general elections in the modern day.

1. 'Abd al-Hamid Isma'il al-Ansari, Al-Shura Wa Atharuha Fi al-

Dimuqratiyyah. (Beirut: Manshurah al-Maktabah al-Misriyyah, 1980), p.

227.

Chapter Five 67

It is an undeniable fact that the precedents of the

Prophet and the rightful Caliphs in matters concerning the

appointment of the Majlis al-Shura may not be of much

help to the present situation, except as regards

qualifications of the members of that institution and the

way they were required to discharge their functions.

During the period of monarchy, the appointment was

the prerogative of the Caliph or Sultan. But now, the

method available is the election of the members of the

Shura who may represent the popular will. Through

elections, the Majlis al-Shura will be truly representative

of the entire community. The technique of election,

whether it be transferable or non-transferable vote,

regional or proportional representation, and so forth, has

not been laid down in the Shari'ah and is, therefore, a

matter for communal decision.

However, there is a claim which says that the Islamic

concept of Shura cannot allow for "general election" or

direct participation of the masses in the political process. 3

Maududi (d. 1979 A.D.) believed that the Majlis al-Shura

is to be appointed by the head of the state rather than

being elected. 2 This is a clear retrogression from the

classical Sunni theory of the state, since according to that

theory, the Majlis al-Shura or Ahl al-Hal Wa al-'Aqd

have to elect a head of state and therefore preexist his

rather than are appointed by him. Mutwalli goes further

by relying on certain traditional authorities 3 and also

invoking Maududi, contends that Shura is restricted to

certain groups in the community that are capable of this

task.

1. Fathi Osman, "The Contract for the Appointment of the Head of an

Islamic State", in Mumtaz Ahmad etd, State, Politics and Islam.

2. Abu Ala Maududi, The Islamic Law and Constitution. (Lahore:

(Washington: American Trust Publication, 1988), p. 79. Islamic Publication

Ltd, 1960), pp. 30-31.

3. 'Abd al-Hamid Mutwalli, Mabda' al-Shura Fi al-Islam. (Alexandria:

Manshaah al-Manar, 1979), p. 238.


Therefore, Mutwalli argues that the Ahl al0Shura are

well defined groups of people with special qualifications

and that not everyone can have access to that precint.

Muwalli then advocated: “In Islam, Shura is not a

question of members as the concept behind the system of

general selections would indicate. In Islam affairs,

numerical majority is not the orientation of truth for the

Qur’an has repudiated any such idea”. 1

The bare fact, so the argument goes, is that the

decision of the majority does not necessarily imply that it

is a "right" measure; for it is always possible that the

majority, however large and even well intention-ed, is on

occasion mistaken, while the minority, in spite of its being

a minority, is right. Nevertheless, it is difficult to see what

alternative there could be, within the Majlis al-Shura, to

the principle of majority decisions? Who is to establish,

from case to case, whether the majority or minority is

right? Whose opinion shall prevail?

The best we can hope is that when assembly

composed of reasonable persons discusses a problem, the

majority of them will finally agree upon a decision which

in all probability will be right. It is for this reason the

Prophet also advised the Muslims that they should follow

the largest group. 2 Besides the Prophet's hadith, there

are numerous references to the majority principle in both

historical precedents and juristic writings. Ibn Taimiyyah,

for example, emphasizes that 'Umar

132 Ibid., p.

133 The Prophet said: "Ittabi'u al-Suwad al-'A'zam", which means:

Follow the largest group, and at another occasion he also stated:

"Alaikum bi al-Jama'ah Wa al-'Ammah", which give the meaning: It is

your duty to stand by the united community and the majority (al-

'Ammah). See Muhammad Asad, The Principles of State and

Government in Islam. (Gibraltar: Dar Andalus Limited, 1980), p.50.

Chapter Five 69

Ibn al-Khattab’ became a Caliph by the bay’ah 1 of the

majority of the companions. 2 and not merely by the

nomination of his predecessor, Aby Bakr al-Siddiq(d. 634

A.D.). Similarly, when 'Umar Ibn al-Khattab nominated a

committee of six to choose his successor, he said that the

committee should decided by a majority vote, and if they

were equally divided, 'Abd Allah Ibn 'Umar would have the

casting vote. 3

Al-Khudari, a historian, has agreed with this

formulation and regretted that the institution of Shura, as

known to the early Muslim, did not develop in later eras. 4

The Jurist also agreed to regard the majority agreement

as one of their fundamentals (Usul); the idea that the

majority could provide sufficient support (hujjah) for a

view even if it did not enjoy the obligation of an ijma'. As

a general rule, they maintained that a majority should

constitute the basis for a juristic decision when no other

evidence was available. 5

The Qur'an also emphasizes human limitations rather

than blaming majority decision. If such limitation can

1. Medina also carry the same sense. The difference between the bay'ah

in pre-Islamic Arabia and the one in Islam was that the former carried

political and at the most social implications but the latter carried both

religious and social-political implications also because Islam never

recognize water-tight compartments between the religious and the

temporal. With the emergence of Islamic state at Medina bay'ah received

further religious and socio-political expression. For further detail see Abu

al-Qasim al-Husayn b. Muhammad al-Isfahani, Al- Mufradah Fi al-Gharib

al-Qur'an. (Cairo: Dar al-Qalam, 1965), p. 67.; Ibn Manzur, Lisan al-'Arab.

op. cit., vol. 3, p. 26.; Ibn Kathir, Tafsir al-Qur'an. op. cit., vol. 2, pp.

391-392.; al-Qur'an, IX:112, XLVIII:10, LX:III.

2. Asad, The Principles, op. cit., p. 50.

3. Osman, "The Contract for the Appointment", op. cit., p. 79.

4. Ibid

5. Al-Mawardi, Al-Ahkam al-Sultaniyyah. op. cit., p. 102


Appear in a majority, it would be naturally inescapable for

ta minority of individual. This stresses that in an Islam

state the majority would be led by Divine guidance which

is the basis of the modern Muslim state with all its bodies,

including the Majlis al-Shura. It is true that several

Quranic verses say that the majority does not necessarily

follow the right path. 1 But, the argument in those verses

is about the human need for Divine guidance in matters of

faith, ethics and laws of rights and wrongs. No majority

can change these permanent norms: and the Qur'an's

condemnation of the majority attitude in certain cases

should not be considered separately from the Qur'an's

condemnation of the unreasonable limitation of others,

whether it is practised consciously or unconsciously.

In fact, human ingenuity has not evolved a better

technique for corporate decisions than the majority

principle. No doubt, a majority can err; but so can a

minority. From whatever angle we view the matter, the

fallibility of the human mind makes the committing of

errors an inescapable fact of human life; and so we have

no choice but to learn through trial and error and

subsequent correction. It is true that the majority was not

followed during the historical experiment of the four

Caliphs, its adaptation had neither been specifically

forbidden nor disapproved by the Qur'an and the Sunnah.

One absolute fact stands out that the respective

succession after the Prophet's death of the four Caliphs as

the leaders of the Islamic state did not take place forcibly

nor inherently. They were elected in conformity with

prevailing circumstances. Rationally, it is impossible to

expect people living around the middle of the seventh

century A.D. to hold an election of equal standard to those

1. Muhammad Diya al-Din. Al-Nazariyyah al-Siyasiyyah al-

Islamiyyah. (Cairo: Dar al-Ma'ariff, 1969), p. 250.; Al-Ansari, Al-Shura

Wa Atahruha, op. cit., pp. 178-179.

Chapter Five 71

held today. The discussion was made by a group of

respected, able and responsible Muslim who, after much

discussion, nominated or agreed upon leader to tun the

affairs of the state and asked the populace to perform

bay’ah to him. It becomes clear to us that the process of

Shura in that circumstances was indirect, undertaken by

representatives of the people. These were practices in

early Islam and recognized by jurists in their reference to

ahl ah-hal wa al-'aqd or ahl al-shura.

It should be remembered that regardless of whatever

techniques were used in the past, they should not be held

by Muslims as precedents that have to be strictly followed

like provisions of the Islamic Shari'ah. It does not meant

that following the precedents of the four Caliphs is wrong,

but that in similar situations Muslim must not blindly

follow any precedent before examining all the

circumstances and comparing them to the precedents.

The elections of the four Caliphs were carried out

according to circumstances prevailing at the time. Today,

with advanced technology and world-wide

communications, Muslims must not imitate actions and

techniques which were used more because modern forms

of communication were not available, rather than because

God has so ordained it.

The Islamic Shari'ah gives the Islamic state the

right to choose people who can carry out and enforce the

law of God and with whose standards they are satisfied.

These rights were practised by the first generation of the

Islamic state in accordance with their times. The Islamic

Shari'ah does not restrict Muslims to certain techniques,

but gives them full freedom to select the techniques which

fulfil their ultimate desire to invoke justice and equality

through the use of Shura in electing their representatives

as their leaders.

CHAPTER SIX

THE NOTION OF

POLITICAL PARTIES

IN ISLAMIC POLITICAL

THOUGHT

Islam recognized the rights of individuals as it is provides

equal opportunities for every individual in the state. These

principles are among the major principal foundations on

which the government system is based. The fact that

individuals enjoy full rights and liberties is a sure

guarantee for the success and strength of the state.

Accordingly, the state in Islam always sees to it that all

the stipulated rights are provided for, without any

restraint.

From the Islamic perspective, the state sees no

advantage in encroaching upon the rights of individuals.

The very basis of the establishment of the state is to

enable individuals to lead a true Islamic life and this

purpose can be achieved only when the individual enjoys

all their rights fully at the persuasion of the state.


Among the most important individual right is the political

right, 1 The basis of political rights of every individual in the

state from Islamic view point is based on the Shari'ah,

derived from two principles accepted by the Islamic

Shari'ah. First, Islam does not approve of a state based

on the domination and power of one person or party. Its

concept is that a state must be based on the consent and

cooperation of the people as the Qur'an commands

consultation, 2 which is clearly accepted by the Shari'ah.

The second principle is the responsibility of the

Ummah to enforce Islamic laws (Shari'ah) and to follow

the Shari'ah in all spheres of life. 3 This responsibility has

been specifically

1. Constitutional experts have defined political rights as the rights which

are conferred on an individual as part of any political body or form such as

the right to seek election, right of nomination, and right to get

government service. Another definition of political rights is that they are

such rights through which the individual can run the government or

participate in the exercise of sovereignty by states.hashmat Ibn al-Shees,

Usul al-Qanun. (Beirut: Dar al-Fikr, 1976), p. 268.

2. God said which means: "It is a part of the Mercy of God that thou dost

deal gently with them. Wert thou severe or harsh-herated, 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 has taken a decision, put the trust in God" (III:159).

Again in chapter XL:II 38 God said which means: "Those who heraken to

their Lord, and establish regular prayer; who (conduct) their affairs by

mutual consultation". The practice of Consultation (or Shura) is meant to

applied mutual consultation at all level of individual and social interactions.

For example the family, the smallest unit of social structure is also asked

to practice Shura before deciding upon important issues. The Qur'an

taught parents to discuss a child's weaning through an exchange of views

(Shura) between wife and husband, as God said which means: "And if

both parents decide by mutual consent and counsel upon weaning the

child, they are permitted to do so" (II:223).

2. Abdul Karim Zaidan, Role of State and Individual in Islam. (Delhi:

Hindustan Publications, 1983), p. 19.

Chapter Six 75

pointed out in various verses of the Holy Qur'an, 1

historical accounts also corroborate it.

and

The said verse clearly lays down the principle that

the Muslim community (Ummah) is responsible for

enforcing laws of the Shari'ah in its collective affairs

including certain commandments which guide matters

relating to all Muslims. These Quranic injunctions also

envisage that owing to these heavy responsibilities

imposed upon the community they must be vested in the

Ummah itself to get them carried out properly. Only then

can it be possible to enforce the Shari'ah and individual

as well as collective life in Islamic fashion. But it is also a

fact that the community (Ummah) cannot exercise its

sovereignty directly as it is not practically possible. This

leads to the emergence of the theory of delegation to use

political powers of a collective group of society.

Accordingly the community chooses such representatives

who practically exercise political powers on behalf of the

community and enforce laws of the Shari'ah applicable to

it statutorily. The community enjoys the special privilege

of this delegation just like any owner of property has a

right to appoint some one as his attorney with regard to

his possessions. Since the privileges is with the

community (Ummah) it is fully competent to delegate its

political powers to anyone or any group of learned

Muslims in their community.

Granting the political right to every individual and

asking the Muslim Ummah to practise the principles of

consultation which aim to exchange views between the

ruler and his subjects for the sake of the general welfare

is requires an organization and leadership. Be the claims

political, economic or be they socio-religious, organization

1. For examples God said which means: "Follow (O men!) the revelation

given unto you from your Lord, and follow not, as friends or protectors,

other than Him" (VII:3).


appears the only means for the creation of a collective will.

We are living in a time in which the idea of cooperation

has become so firmly established that even millionaires

perceive the necessity of common action. This is because

the chances of success in any struggle will depend upon

the degree to which this struggle is carried out upon a

basis of solidarity between individuals whose interests are

identical.

Then, the practical organization is an absolutely

essential condition for any political struggle of the masses.

For administrative reasons a strong organization also

needs an equally strong leadership; then, the organization

in its turn. must be enforced by a group of eminent

Muslims who, in controlling individuals, the community

and the ruler make them answerable for their deeds. God

has said in one of the Quranic verse which means: "Let

there arise out of you a band of people inviting to all that

is good, enjoining what is right and forbidding what is

wrong; they are ones to attain felicity". 1 The majority of

Muslim jurists have agreed that the peoples chosen for

this challenging task should have independent judgement,

which would enable them to analyse the relationship

between the ruler and the ruled in all its aspects.

Furthermore, the ruler of the Muslim Ummah today

is different in quality from the ruler in the early period of

Islam. In the period of the four Caliphs the ruler was well

versed in juristic and political matters of his time, but the

situation is different today. For that reason the ruler in

modern day is in need of guidance and support just as the

opposition requires organization and leadership; and this

is what the existing political parties offer today. In line

with the political right of every individual and the freedom

of expression of every citizen in an Islamic state, the

establishment of political parties is not in conflict with the

1. Al-Qur'an, III:104.

Chapter Six 77

modern democratic spirit of the Islamic polity. Instead of

being repugnant to Islam, political parties was greatly

helpful in achieving the goals set by Islam.

However, in order to get the clear position of Islam

regarding the establishment of political parties it is

necessary for us first to understand what the Qur'an and

the Sunnah (hadith) of the Prophet have said about party

system.

In modern Arabic, the word “al-Hizb” is equivalent

to the term of “party” in modern time. For example God

said in Surah al-Mu'minun, verse 53 as follows: “Kulliy

Hizbi Bima Ladayhim Farihun” which means: “each

party rejoices in that which is with itself”. 1 Again in the

Surah al-Rum, verse 32 God said: “Min al Laziyna

Farraqu Dinahum Wakanu Syiya'an Kullu Hizbin

Bima Ladayhim Farihun” which gives the meaning:

“those who split up their religion and become(mere)sects,

each party rejoicing in that which is with itself”. 2 In the

Sunnah or hadith of the Prophet we also find a saying of

the Prophet which close relation to this topic. For example

the Prophet states: "Taftariqu Ummatiy ‘Ala Thalathi

Wa Sab'iyna Firqatan" which means; “my Ummah (the

Islamic Ummah) will split into seventy-three groups”. 3

The term of “al-Hizb” in the said verses referred to

the people who began to trade on the names of the

Prophets cut off that unity among the Ummah and made

sect;(generally these sect related to theological aspect)

and each sect or group rejoices in its own narrow doctrine,

instead of taking the universal teaching of unity from God;

1. Ibid., XXIII:53.

2. Ibid., XXX:32.

3. 'Abd al-Qadir b. Tahir al-Baghdadi, Al-Farq Bayna al-Firaq.(Beirut:

Dar al-Fikr, 1973), p. 4-5. See also Muhammad b. Abd Karim b. Ahmad,

Al Milah Wa al-Nihal. (Cairo: Matba'ah Mustafa Babi al-Halabi, 1968, vol.

1, p. 11.


and sometimes Qur'an also has used the term “al-Hizb”

and “Syiya'an” to mean the peoples who rallied against

the Prophet, such as Jews and infidels, especially, in

relation to the event of the battle of al-khandaq; and

none of those words found in the Qur'an or in the Sunnah

of the Prophet referred to the term of “party” in modern

political context.

However, some Muslim scholars have intrepreted and

used these verses as evidence that Islam forbids the

formation political parties. Abu Ala Maududi (1903-1979)

for example has said that: “there are the outcomes of

your considering yourself a mere nation, forgetting that

you are a universal party whose primary aim is to make

its principles prevail in the world and rule over it. As long

as you do not develop a clear conception of the notion of

party, you will not succeed anywhere”. 1

Maududi's statement in fact did not show of uses of

the term "party" in modern or present political

implications; but Maududi has used the term “party” as to

mean the Islamic Ummah which represents the party of

God (Hizb Allah) as opposed to the western sects. Kamal

Wasfi, an eminent Midle East scholar has said that: “the

most noticeable effect from blending democracy with

slam is the foundation of parties. This is certainly a

disrespect for Islam, since everything that leads to

devision goes against Islam”. 2

Maududi and Wasfi have regarded that political

parties are instruments of division and disputes and not

an element of stability and reconstruction. This allegation

difficult for us to accept because Islam itself has provided

for every individual freedom of expression. Differences of

1. Quoted from Nu'man Ahmed al-Khatib, "Islamic Thought and Political

Parties", in Islamic Order Quarterly. vol. 10, No. 1, 1988, p. 15.

2. Ibid.

Chapter Six 79

opinion among the individuals is human; and sometimes

could be helpful to uncover the truth and make out errors,

thus the individuals is human; and sometimes

disagreement also becoming a factor of reconstruction

and not a tool for destruction. In support of this we

quoted the saying of Imam Ahmad Ibn Hanbal(780-855)to

Imam al-Shafi'i(767-819), blessings upon al-Shafi'i in my

prayers, while al-Shafi'i used as he used to say: “I have

for forty years invoked God's to say about Imam Malik: as

for the Muslim scholar ('ulama') are concerned, Imam

Malik is the best of all. No one can be his match”. 1

In order to make our stand clearly, it is important for

us to understand that the idea to support the foundation

of political parties under the Islamic governmental system

does not stem from the need to see social classes

represented. It is rather an expression of the desire to see

these parties lay down its programme within the principles

of the Shari'ah at securing decent living and a better

future for all, and at fostering a unity that could only be

reinforced in such a democratic system.

Indeed, Islam believes in democracy and the

development of democratic institutions and traditions

through which it seeks to secure the welfare and wellbeing

of the people. Without a political forum and political

parties, no government, believing in democracy, can

properly function. Islam being a democratic religion, the

system of political parties fits into its scheme of things.

Accordingly, political parties should be allowed to function

under the Islamic governmental system in order to protect

the rights of the people and to ensure checks and

balances against the excesses and high-handedness of

government in power.

1. Ibid., p. 14.


For this reason we see that immediately after initial

successes from the revolution, the Islamic Republic of Iran

started to establish the Islamic Republic Party(IRP) 1 which

started by the Tawhidi 'ulama', such as Ayatollah

Baheshti, Muhammad Javid Bahanor, Syed Ali Khomenei,

and Akbar Hashemi Rafsanjani.

Every Muslim who studies Shari'ah will be angry to

say that there is something in Islam which goes against

the formation of political parties in Islamic policy. They

are fall under the category of permissible (Mubah) 152

and can be formed in the best interests of the Ummah.

The Qur'an exhorts Muslims to have from amongst

themselves an organized group to invite people to truth

and to enjoin what is right and forbid what is wrong.

The discussions in Saqifa Bani Saidah on the issue of

the selection of Caliphate on the death of the

Prophet(P.B.U.H.) are clear indication that the Muhajirs

(the emigrant) and al-Ansar (the helpers) were discussing

different claims as political groups. The Azhar model

Constitution of an Islamic state accepts the right to form

1. Asaf Hussain, "Islamic Revolution", in Revolution and Counter

Revolution. (London: Frances Pinter Publishers, 1985), p. 140.

2. The President of the Jama'at-i-Islami, Mian Tufail Mohammad who

has otherwise been a consistent supporter of the late President Zia-Ul-

Haq, went as far as to say that it was a stupid idea to believe that an

Islamic system could be established without political parties". Ac- cording

to him "Islam does not approve of a one-party system. It was only during

the lifetime of the Prophet Muhammad (P.U.B.H.) that a single Islamic

group or party dominated the whole Islamic community. After the death of

the Prophet, there can be no group

can claimmonopoly on truth. Hence, the differences on the question of

interpretation of Islamic teachings require that there should be different

groups and parties to articulate these differing viewpoints. See Khurshid

Ahmad, Proportional Representation and the Revival of Democratic

Process in Pakistan. (Islamabad: Institute of which policy studies,

1983), p. 10.

Chapter Six 81

political parties, 1 So does the Universal Islamic declaration

of Human Rights and a number of other works on Islamic

political thought. 2 It is, therefore, imperative to have

political parties to play their role in activising the political

process.

Although there have always been active groups and

political communities through out Islamic history, political

parties as chief instruments of Constitutional democracy

are a contemporary phenomenon. In system wherein a

family, a tribe, or a particular class constitute the power

base, political stability and continuity were ensured by

these institutions. With the extension of the power-base

and the emergence of the people as the final arbiters of

political destiny it became necessary to have an

institutional link between the people and the organs of

power.

During the last two centuries the political party has

emerged as the most important agency through which the

electorate is involved, both in the exercise as well as the

transfer of power. This is the institution which has, on the

one hand, reduced dependence on individuals and

dynasties for the mobilization of political processes and on

the other, has ensured continuity, accountability and

universal participation of the people in this process.

It is the function of the political party to organize

people on the basis of socio-moral ideals and programme,

to select leadership acceptable to the people, to ensure

accountability for their performance in office by facing the

people from time

1. See at The Constitution for an Islamic State, framed by the Higher

Research Council of Al-Azhar. See also Twenty-Two Basic Principles of

an Islamic State, framed in 1951 by 31 Muslim Scholars belonging to

all schools of Islamic thought.

2. See at The Universal Islamic Declaration and The Declaration of

Universal Islamic Human Rigts by the Islamic Council, London.


to time in the form of periodic elections and to reinforce

the stability and legitimacy of the political community.

Elections provide a national forum for debate and

discussion on public issues and for the articulation of the

people's opinions and aspirations and as such act as a

means for the exchange of influences between the

governors and the governed.

The political party also act as a link between its

members, integrates them into the political community

and provides them with opportunities to participate in the

political process in keeping with their dignity. Finally, it is

through political parties that regional and ethnic borders

can be crossed and national and ideological identity

established and strengthened. It acts as a symbol of

patriotism, and a platform to gravitate the people towards

a social programme and an ideology. That is why there is

a universal realization that in the modern world

democracy and political parties are two facets of the same

reality, the inside and outside of the same fabric.

Joseph La Palombare and Myron Weiner write: “The

political party is a creature of modern and modernizing

political systems. The political party emerges whenever

the activities of a political system reach a certain degree

of complexity, or whenever the notion of political power

comes to include the idea that the mass public must

participate. Thus one might argue that; just as

bureaucracy emerged when public administration could no

longer be materialized when the tasks of recruiting

political leadership and making public policy could not

longer be handled by a small coterie of men unconcerned

with public sentiments. The emergence of a political party

clearly implies that the masses must be taken into

account by the political elite, either out of a commitment

to the ideological notion that the masses have a right to

participate in the determination of public policy, and the

selection of leadership, or out of the realization that even

Chapter Six 83

a rigidly dictatorial elite must find an organizational means

of assuring stable conformance and control". 1 E.E.

Schattschneider also says that: "The political parties

created democracy and that modern democracy is

unthinkable save of the parties". 2

After all, in Islam political legitimacy rests on the

twin factors of loyalty to and obedience by the Shari'ah,

and the trust and confidence of the people. Lukewarm

attitude towards the Shari'ah and almost total disregard

of the need to seek mandate from the people to continue

to rule, makes the Islamic credentials of the government

extremely doubtful. Then, the only way for the Muslim

Ummah today is to accept the revival of the political

process, on the basis of the Islamic and democratic values

and tradition.

However, as the Shari'ah does not lay down any

specific political structures or procedures and as such a

Constitution which does not violate those fundamental

principles can act as a starting point for the Islamization

of the political order in the contemporary Muslim world.

The real challenge that confronts the Muslim Ummah

today is not to discover what is the Islamic political order

but to institutionalize the principle of Shura in their

political life.

1. Joseph La Palombare and Myron Weiner, "The Origin and Development

of Political Parties", in Political parties and Political Development.

(Princeton: Princeton University Press, 1972), p. 3-4.

2. E.E. Schattsehneider, Parties and Elections in an Anti-Party Age.

(Indiana: Indiana University Press, 1978), p. 13.

CHAPTER SEVEN

THE REGULATION OF

POLITICAL CAMPAIGN

FROM THE ISLAMIC

PERSPECTIVE

‘Aqd tawkil sarih is the ideal contractual formula for the

purpose of political representation, and that the right to

participate in the selection of representatives belongs to

all adult citizens. The only possible constitutional method

suitable for such mass contractual arrangement, under

the present state of human knowledge, is popular election.

The primary legal source for election in Islamic

constitutional theory is the quranic constitutional clause:

“Amruhum Shura Baynahum” 1 which means who

conduct their affairs by mutual consultation.

The said Quranic ordinance, as we have seen,

commands consultation among the Muslims about all

major communal matters not precisely settled by the

nusus (revealed text). Since the manner in which the

Majlis al-Shura established is a matter

157 Al-Qur'an, XLII:38.


of far-reaching importance, such an undertaking must be

decided by popular consultation. But what form should

such popular consultation take? In this attempt to answer

this question, Asad writes: "In complex societies like ours,

such a consultation can take no form other than that of

elections are during which the merits of the respective

candidates publicly discussed and the votes cast

accordingly". 1

It appears, therefore, that popular election is the

procedure most consonant with the requirements of the

Qur'an for the selection of the representatives of the

Ummah, given the present state of human knowledge.

The second legal source for election is the Sunnah.

The practical and verbal teachings of the Prophet provide

at least two injunctions bearing on the subject of election.

One of these two injunctions is the hadith in which the

Prophet explained in one of his military expeditions the

chain of its command. 2

In his order the Prophet told the soldiers that if their

assigned commanders were killed, they “must choose a

man as a commander” 3 The fact that the Prophet granted

the members of this detachment the right to select their

1. Muhammad Asad, The Principles of State and Government in

Islam. (Los Angeles: University of California, 1961), p. 45.

2. This military expedition is known in Islamic history as ghazwah mutah.

It was dispatched by the Prophet in 629 A.D. to raid some Arab tribes in

the northern sector of the Arabian Peninsula, who were under Roman rule.

The raid was carried out as revenge for some hostile acts committed by

these tribes; such as the killing of one of the Prophet's emissaries. For

further details on this military expedition and its place in Islamic history,

see 'Abd al-Malik Ibn Hisham, Sirah al-Nabawiyah. (Cairo: Matba'ab

Mustafa Babi al-Halabi, 1936), edt by: Saqqa an dIbrahim al-Abyari, vol.

4, pp. 14-20. See also Hasan Ibrahim Hasan, Tarikh al-Islami. (Cairo:

Maktabah al-Nahdah al-Misriyah, 1960), vol. 1, p. 137.

3. 'Ali Ibn Muhammad al-Mawardi, Al-Ahkam al-Sultaniyah Wa al-

Wilayah al-Diniyah. (Cairo: Matba'ah al-Mustafa Babi al-Halabi, , p. 13.

Chapter Seven 87

commander, further indicates that the principle of election

is consonant with Shari'ah. 1

Then, it is clear that the legitimate authority in Islam

is that authority which is based on popular consent and

rules according to Divine law. As all people were created

equal, no individual has the right to rule over the Muslims

without their consent. Based on these constitutional

principles the Muslim scholars ruled that every Muslim,

male and female, has the right to participate in the

consultation leading to the establishment of authority.

Universal suffrage, therefore, is an intrinsic aspect of

Islamic constitutional theory, besides it also confirmed

that the principle of popular election is compatible with

Islamic constitutional theory.

As the principle of popular election has been

demonstrated to be compatible with the spirit of the

Shari'ah; the next step is to draw the legal and ethical,

as well as the moral boundaries within which political

campaigns could be conducted according to the Shari'ah.

There are, of course, no limits to what might be regulated

in political campaigns. Factors such as time, place, ethics

of the people, type of system in any given state play the

major role in determining what needs to be regulated. As

such factors are time-bound and differ from one state to

another, the issue of regulating political campaigns is

essentially left open by the Shari'ah. The Shari'ah in

most cases offers only guiding moral and legal principles

upon which such regulation may be undertaken. Muslims,

therefore, may regulate political campaigns as they see fit

within these broad legal and ethical boundaries of the

Shari'ah. The discussion in this work will be restricted to

the place of these principles in political campaign in the

1. Munir Hamid al-Bayati, Al-Dawlah al-Qanuniyah Wa al-Nizam al-

Siyasi al-Islami. (Baghdad: Dar al-'Arabiyah Li al-Tiba'ah, 1979), Pp.

254-255.


areas of campaign rhetoric and financing.

The term "campaign rhetoric" is employed in this re

search work in a broad manner to connote all forms of

campaign communications, verbal, written and otherwise.

All such activities ought to be within the ethical limits of

the Shari'ah. As Islam itself considers that ethics and

moral conduct as important, as part of a necessary and

basic condition in the principle of government and

constitutional rules which must be observed in the Islamic

or Muslim state.

Among the ethical and moral principles provided by

the Shari'ah concerning campaign rhetoric, two are of

special importance. The first is the principle of "honesty"

and "truthfulness" in communicating with the masses.

This principle is based upon several precise injunctions of

the Shari'ah that forbid all types of "double-talk" or

dishonesty, as stated in the Qur'an which means: "Not a

word does he utter but there is a sentinel by him, ready

(to note it)", 1 and in the hadith of the Prophet as follows:

"There are three characteristics of a hypocrite: when he

spoke he told a lie, when he made a promise he acted

treacherously and when he is given trust the betrayed". 2

Again on another occasion the Prophet also commented:

"He whoever died while deceiving his people will never

enjoy the smell of paradise". 3

By virtue of these injunctions, lying is considered

forbidden by the Shari'ah. In a state that is primarily

founded to attain the ideals of the Divine law, this

prohibition ought to be strictly observed in all forms of

1. Al-Qur'an, L:18.

2. Abu al-Husayn Muslim Ibn al-Hajjaj, Sahih Muslim. (Lahore: Ashraf

Press, 1973), vol. 1, p. 40.

3. Taken from Ahmad Ibn Yahya al-Baladhuri, Futuh al-Buldan. (Beirut:

Dar al-Nashr Li al-Malayin, 1957), edt by: 'Abd Allah dan 'Umar Tabbas, p.

635.

Chapter Seven 89

campaign activity. The Islamic state cannot condone

dishonesty in political campaigns without negating its own

tenets. The candidate's campaign, therefore, ought to be

limited to the truthful explanation of his qualifications and

program of action. No false promises or misleading

pledges may be made to influence the voters. Futhermore,

no fraud, bribery, or any other questionable means may

be used for this purpose, 1

The second moral rule relevant to the activities of

political campaigns is that of "respect for the contender's

dignity and honour", as the Prophet advocated: "The

blood, property and honour of every Muslim are

inviolable", 2

Accordingly, political polemic, unsubstantiated

accusations and all sorts of vulgarity in political campaigns

are forbidden by the Shari'ah. No political candidate in

the Islamic or Muslim state, therefore, may be allowed to

insult, slander, or fabricate lies against another challenger.

Since such immoral practices violate the Shari'ah, the

law of the Islamic state ought to provide for the

disqualification of any candidate running for office who is

found by an Islamic court to have breached this rule.

"Campaign financing" is the ways in which electoral

politics may be financed in the Islamic state. Here we are

trying to examine the legal aspects of the source of

money, and the proposed limitations upon spending. As

this is a complex subject that cannot be fully explored in

isolation from the actual conditions in any given country

willing to base its political system upon the Shari'ah, our

efforts will concentrate on the broad legal principles. The

detailed application of such principles will be left to the

country concerned.

1. 'Abd al-Karim Zaidan, Al-Fard Wa al-Dawlah Fi al-Shari'ah.

2. Yahya al-Nawawi, Al-Arba'in al-Nawawiyah. (Lagos: Academy

(Kuweit: Maktabah al-Manar, 1982), p. 49. Press Ltd., 1979), pp. 76-77


With respect to the legalization of running for public

office in an Islamic state, the Muslim scholars in the

political field have centered their legal opinions on the

legality of spending money to attain the position of judge.

No legal opinions, to our knowledge, has been expressed

concerning the legality of such practices with respect to

the quest for high office or the post of representative.

Therefore, we may examine the legality of spending

money to attain the office of representative by legal

analogy (qiyas). Legal analogy, as stated earlier is a

source of Islamic law.

Most of the major schools of Islamic law, except the

Hanbalite, consider the spending of money to attain the

post of judge as legal if such spending is necessary. The

Malikite jurists, however, seem to be more explicit on the

conditions under which spending for this office is

permitted. According to them, it is said: "The spending of

money (to attain the position of judge) is legal only in

these cases: if it is necessary, that is to say, if it cannot

be attained without it, if the spender tells that a problem

for the community (Ummah) may result if he is not in

that post and if he believes that unless he becomes a

judge, rights and obligations may be lost. Spending is

forbidden for other motivations". 1

The legalization of spending, as indicated by this

legal opinion, is based on the assumption that the

candidate is motivated by high ideals and that his own

self-interest is a function of the broader interest

(Maslahah) of the community.

How could we relate this legal opinion to spending for

the office of representative? Perhaps the best way to

answer this question is by asking: Is it possible in the

1. Gahtan 'Abd al-Rahman al-Duri, Al-Shura Bayn al-Nazariyah Wa al-

Tatbiq. (Baghdad: Matba'ah al-Ummah, 1974), p. 250.

Chapter Seven 89

contemporary free world for a candidate to run for public

office without spending money to introduce himself and

educate the electorate about his program of action? The

answer is certainly no, especially in large states. This is

even more so in a time in which "the stump speech has

given way to campaigning by jet plane, to political pools

and the media blitz". 1 Such necessity, therefore, makes

spending within the limits of the Shari'ah to attain the

office of representative, in our opinion, legal by analogy

(qiyas).

After having reached the above conclusion, we must

now consider how such money could be raised, especially

by the poor candidates. To answer this question properly,

it is important to draw attention to the constantly rising

costs of political campaigns. For instance, in the U.S. the

cost of political campaigns is staggering. An authority on

the subject writes: "In some states a campaign for the

U.S. Senate may lose more than ten times the salary paid

to the winner during his term of office". 2

The rising cost of political campaigns, indeed, is a

universal phenomenon. This means that if poor candidates

are ever to run for office, money must somehow be found

to finance their candidature. Otherwise, politics could be

dominated by the rich: a fact that does not serve the best

interest of the community, nor is it compatible with the

Islamic principle of equality.

Therefore, apart from some rich candidates who may be

able to finance their campaigns, funds ought to be

provided to poor candidates either through public funding

or private contributions, or perhaps both. Each case has

1. Herbert E. Alexander, Financing Politics. (Washington D.C.: Con

gressional Press, 1976), p. 13.

2. Ibid.


its advantages and disadvantages that ought to be

carefully weighed. But as most people realize, perfection

at best is rare in politics.According to Aristotle: "Attaining

the best in politics is perhaps impossible". 1

1. Aristotle, Politics. (Baltimore: Penguin Books, 1973), p. 150.

CHAPTER EIGHT

THE ELIGIBILITY OF NON

MUSLIM FOR THE OFFICE

OF REPRESENTATION

(MEMBER OF PARLIMENT)

IN THE MUSLIM STATE

The political philosophy underlying various political

systems determines whether the minority is defined in

term of race, religion, nationality, or political convictions.

Since the Islamic state is a religious institution based on

the Shari'ah, the minority of this state ought to defined

in religious terms, that is those citizens who profess

religions other than Islam. The Qur'an called the Christian

and Jews Ahlal-Kitab, which means "people of the book".

By the "book", the Qur'an refers to the Bible and to the

religious traditions attributed to revelation, thus making

faith the basis of their relation with the Muslims. This

basis, on the part of the Muslims, is strengthened by the

fact that they believe in all former Prophets and

revelations as God said which means: "Say ye: we


believe in God, and the revelation Given to us, and to

Abraham, Isma’il, Isaac, Jacob, and the Tribes, and that

given in Moses and Jesus, and that given to (all) Prophets

from their Lord: we make no difference between one and

another of them: and we bow to God(in Islam)”. 1

This, however, does not imply a unanimity in all

matters of faith. Differences there are, as the Qur'an it

self endorsed this idea by saying: "I believe in the Book

which God has sent down; and I am commanded to judge

justly between you, God is our Lord and your Lord. For us

(is the responsibility for) our deeds, and for you, your

deeds. There is no contention between us and you. God

will bring us together, and to Him is (Our) final goal". 2

It was after the Qur'an had established this close

bond with Christians and Jews that the Prophet extended

it to adherents of other creeds. This followed upon the

first Muslim contact with the Zoroastrians of Bahrain,

when the Prophet said which means: "Let it be with them

as it is with Ahl al-Kitab" 3 The practice of the early Caliph

implied their understanding that precedent is applicable to

any other people with different creeds. By reviewing the

instructions of the Shari'ah concerning Non-Muslims, it

has been found that Non-Muslims, who live in an Islamic

state and enjoy all their human rights which are enshrined

in the Shari'ah are called Ahl al-Dhimmah, (single

Dhimmi). They are also called Al-Mu'ahhidun. Which

means: "the contractees" or "the holders of a covenant". 4

1. Al-Qur'an, II: 136.

2. Ibid., XLII:15.

3. Ya'cub b. Ibrahim b. Abu Yusuf, Kitab al-Kharaj. (Cairo: Matba'ah

Bulaq, 1302 A.H.), p. 131.

4. Raid Ramadan, Islamic Law: Its Scope and Equity. (Kuala Lumpur:

Muslim Youth Movement of Malaysia, 1987), p. 122.

Chapter Eight 95

The word of Dhimmah literally means pledge(al-

’Abd), guarantee(al-Damam), safety(al-Aman). 1 non-

Muslims are called Dhimmis because the are under the

pledge of God, the pledge of the Messenger of God, and

the pledge of the Muslim community so that can live

under the protection of Islam.

In other words, they are under the protection of

Muslims and their guarantee. The pledge of security and

guarantee given to the non-Muslims is like the political

nationality, 2 given in the modern times on the basis of

which people acquire all their rights as the nationals of a

certain country and because they are liable to

responsibilities. The Dhimmis from this point of view are

"the people of the abode of Islam (Ahl al-Dar al Islam)", 3

hence, they are the possessors of Islamic nationality (aljinsiyah

al-Islamiyyah). 4 Their membership in the

Islamic body politic is based on contract of protection

('Aqd al-Dhimmah), which is concluded between them

and the Islamic state when they accept rule without

professing Islam as a creed. Naturalized citizens of Ahl

al-Dhimmah conclude 'Aqd al Dhimmah personally.

Non-Muslims who are born citizens of the Islamic state,

have had the 'Aqd concluded on their behalf by their

ancestors. 5

The title "Ahl al-Dhimmah" was first ascribed to the

people of the book(Christians and Jews). However, the

Prophet later granted the Zoroastrians of Bahrain the

same status. The practice of the four Caliphs implies their

1. Yusuf al-Qaradawi, Ghayr al-Muslimin Fi Mujatama' al-Islami.

(Cairo: Matba'ah al-Mukhtar al-Islami, 1977), p. 7.

2. Ibid.

3. Abdurrahman I. Doi, Shari'ah: The Islamic Law. (United King- dom: Ta

Ha Publishers, 1982), p. 426.

4. 'Abd al-Qadir al- 'Audah, Al-Tashri' al-Jana'i al-Islami. (Alexandria:

Mansha'ah al-Ma'arif, 1974), vol. 1, p. 307.

5. Ramadan, Islamic Law. op.cit., p. 122.


understanding that it is applicable to any other people

with different creed, 1 This constitutional arrangement

indicates that the Islamic state may be a multi-religious

one, with Islam as the religion of the majority, and the

Shari'ah as the public law of the land.

Under this constitutional arrangement Muslim and

non-Muslim citizens have equal rights and obligations,

with notable exceptions dictated by the religious character

of the state. This equality in rights and obligations forms

the essence of 'Aqd al-Dhimmah. Underscoring this legal

principle, the fourth Caliph 'Ali b. Abi Talib(610-661)

stated: "Their agreement to conclude the Dhimmah

contract is upon the clear understanding that their

property is to be like our property and their blood like our

blood". 2 As with all contracts concluded according to the

divine law, 'Aqd al Dhimmah is considered a pledge in

the name of God, the fulfillment of which constitutes both

constitutional and religious obligations of the contracting

parties, 3 as God said which means: "To those who believe

in God and His apostles and make no distinction between

any of the apostles, We shall soon give their (due)

rewards: for God is of-forgiving, Most Merciful". 4

According to these principles, the Islamic community

is obliged to confer upon its minority all the rights and

privileges provided them by the Shari'ah as citizens of

the state Chief among such rights is the freedom of

religion as the Qur'an mentioned which means: “Let there

be no compulsion in religion: truth stands out clear from

Error”. 5

1. Ibid., p. 116.

2. Ibid., p. 159.

3. Munir Hamid al-Bayati, Al-Dawlah al-Qanuniyyah. (Baghdad: Dal-

'Arabiyah Li al-Tiba'ah, 1979), p. 296.

4. Al-Qur'an, IV:152.

5. Ibid., II:256.

Chapter Eight 97

Indeed, freedom of religion, and other basic rights, such

as the protection of life, property, and dignity or honor,

are guaranteed to non-Muslim citizens by the Prophet. In

the treaty which he concluded with the Christians of

Najran, who accepted citizenship of the first Islamic state,

the Prophet committed himself and his followers, as to the

following: "For Najran and its dependents, they have

God's enjoined protection, and the pledge of His Prophet

and messenger Muhammad (for the same), this equality

applying to their property, life, religion, the absent and

the present, kith and kin, churches and all that they have

in hand, little or much. 1 No bishop in his bishopric can be

changed(by Muslims), nor a monk in his monastery, never

will they be humiliated. Military service is not compulsory

on them. Between them only justice shall prevail, and

whosoever accepts what remains due from previous

usurious dealings, my pledge for him shall no more be

valid, (responsibility is personal) and none shall be held

responsible for the guilt of another". 2

In this second document, we see as elaboration of what

was first enacted regarding the Jews. A specific tax is

imposed. An all-embraeing conception of protection is

prescribed. Humiliation is precluded and military service is

not compulsory. Usurious dealings are declared as an act

of rebellion, thus equalizing Muslim and non-Muslims

before God, as mentioned in the Qur'an which means: "O

ye who believe! Fear God, and give up what remains of

your demand for usury, if ye are indeed believers". Again

God said "If ye do it not, take notice of war from God and

His apostle: but if ye turn back, ye shall have your capital

1. To consult the full text of this document, see Muhammad Hamidullah,

Al-Watha'iq al-Siyasiyah Li al-'Ahd al-Nabawiyah Wa al- Khilafah.

(Cairo: Matba'ah Lujnah al-Ta'lif Wa al-Tarjamah, 1956), pp. 111-112.

2. Abu Yusuf, Al-Kharaj. op.cit., pp. 72-73.


sum: deal not unjustly, and ye shall not deal with

unjustly”. 1

The fact that this treaty between the Prophet and the

Christians of Najran was an obligation to which all Caliphs

afterwards had to subscribe, is enough to characterize the

commitment it bears and the status if provides. It was not

a political manoeuvre meant to gain time or to annex

more territory. When ‘Umar Ibn Hazm (994-1064)was

appointed by the Prophet to supervise the execution of

this treaty in Najran, 2 his appointment was ordained by a

prophetic decree which began with the Quranic injunction

which means: "Oye who believe! Fulfill (all) obligations". 3

In other words, whatever status such a treaty provides for

a Jew or a Christian or to an adherent of any other creed.

It is as authoritative as any other authentic text of Islamic

law.

In addition, freedom of expression, oral or written,

choice of profession, freedom of association, freedom of

movement, and equality before the law are guaranteed by

the Shari'ah to all citizens regardless of religious

convictions, race, colour, or socio-economic status. 4 Could

it be made constitutional possible for a Muslim majority to

infringe upon the rights of a non-Muslim minority despite

these provisions? In a genuine Islamic state such a

possibility is difficult to imagine since the rights of non-

Muslim are guaranteed by the nusus or precise

injunctions of the Shari'ah. Muslims are in almost

universal agreement about the nusus injunctions of the

divine law concerning ahl al-dhimmah. The Prophet

stressed the inviolability of non-Muslim rights in the

strongest language and warned his followers against any

1. Al-Qur'an, II:278-279.

2. Abu Yusuf, Al-Kharaj. op. cit., p. 72.

3. Al-Qur'an, V:I.

4. Ramadan, Islamic Law. op. cit., p. 147.

Chapter Eight 99

possible violation through one of his hadith which means:

“Once the accept the contract of dhimmah, they shall

have rights like our rights and obligations similar to

ours”. 1

It is important to note here that the above rights of non-

Muslims in an Islamic state do not merely derive from

their status as a minority; they are inherent perpetual

rights. In fact, the word "minority" with its adverse

implications, is a modern political term, invented and used

by western powers living within the empire of the

Ottoman Caliphate when they to refer to those whom they

called "religious minorities" took advantage of the

weakness of the Ottomans and mischievously interfered

on behalf of these groups, stirring them against their

Muslims rulers and using them as a pretext for their

interference in the internal affairs of the Caliphate.

Otherwise, non-Muslim citizens in the early centuries

of Islam were the majority in the population of the Islamic

state. However, the process of conversion over the past

fourteen centuries has resulted in making Muslims the

majority in some parts of the Muslim world. Yet, Muslims

in some other parts, like India, for instance, have always

been in the minority in spite of eight centuries of Muslim

rule in the sub-continent. In other words, Islam regarded

a non-Muslim living under its rule, as a full citizen with

inalienable rights, not as a member of an outnumbered,

helpless group.

The fact that such rights are guaranteed for all

citizens by precise injunctions in the Shari'ah makes their

curtailment or denial, without due process of Islamic law,

beyond the constitutional authority of any human agency.

Accordingly, a deliberate majority infringement upon the

1. Sulaiman b. Ash'af al-Sajastani, Sunan Abu Dawud. (Cairo: Matba'ah

al-Sa'adah, 1959), vol. 3, p. 437. See also 'Abd al-Karim Zaidan,

Ahkamal-Dhimmiyin Wa al-Musta'manin Fi al-Dar al-Islam. (Baghdad:

Matba'ah al-Sha'ab, 1982), p. 71.


rights of minorities in a state that is solely established to

enforce the Shari’ah would undermine the legitimacy of

the state. This legal barrier alone makes such

infringement unlikely. Referring to this constitutional fact,

a contemporary scholar of Islamic law has accurately

stated that minorities of the Islamic state should "feel no

apprehension in the face of political quarrels and

parliamentary elections of the country of their residence,

with regard to the Islamic laws in force. The ruler or

parliament cannot modify them". 1 The totality of these

safe-guards should provide adequate constitutional

protection for minorities in the Islamic state, regardless of

the leadership of the state, or of the Majlis al-Shura.

It is clear, that non-Muslim citizens in an Islamic

state should not suffer any constrains or discrimination,

nor should they be deprived of any of the state services,

except positions, the nature of which requires Muslim

incumbents. The first exception to the rule of Islamic

equality concern the defence of the faith and the state.

Military conscription and actual combat are mandatory

only for Muslims. 2

The second most important exception to the

principles of equality between Muslim and non-Muslim

citizens relates to judicial jurisdiction in matters which

come within the scope of personal law. 3

The third exception to the principle of equality

pertains to the idea of equality before the law. According

to the Shari'ah, Muslim citizen are forbidden to consume

1. Muhammad hamidullah, Introduction to Islam. (Paris: Centre Culturel

Islamique, 1969), p. 147.

2. Hamidullah, Al-Watha'iq al-Siyasiyyah. op. cit., p. 112. For further

elaboration on this point, see also Ramadan, Islamic Law. op. cit.,P. 126.

3. Muhammad Abdul Rauf, The Concept of Islamic State: With Particular

Reference to Treatment of Non-Muslim Citizens. (Kuala Lumpur: Islamic

Affairs Division Prime Minister Dept,1988), p. 51.

Chapter Eight 101

alcoholic beverages, eat pork, or deal in this commodities.

Violation of this prohibition is punishable by law. However,

non-Muslim citizens whose religious belief permit such

undertakings may do so, provided the do not do these

acts in public places. 1

The fourth exception to the principle of equality is

related Shari'ah to marry a Christian or Jewish woman.

This is to the subject of marriage. A Muslim male is

permitted by the primarily permitted with the hope that

she may choose to become a Muslim. However, if she

chose to retain her religion after marriage, she is entitled

to do so and to enjoy the privileges and perform the rites

of her religion, including going to church or synagogue,

and consuming alcohol or eating pork. On the other hand,

it is forbidden for a Muslim to marry a woman who does

not believe in God or in an do later or polytheist. 2 In Islam,

a Muslim woman cannot marry a Non-Muslim man,

regardless of the religion to which he belongs. 3

The fifth exception to the principle of equality related

to the notion of equal opportunity for employment,Non-

Muslim citizens, like their fellow Muslim citizens are to be

trusted with public offices for which they are qualified, 4

except high positions of authority in the state, such as the

headship of state, and other similar positions of policy

making authority should be assigned only to Muslims. This

legal opinion is based on a Quranic passage which means:

"O ye who believe! Obey God, and obey the Apostle, and

those charged with authority among you. If ye differ in

anything among yourselves, refer it to God and His

Apostle, if ye do believe in God the last day: that is best,

1. Nahud Jgaddyrum "International Law", in Law in the Middle East.

(Washington D.C.: Middle East Institute, 1955), pp. 363-364.

2. Hamidullah, Introduction. op. cit., p. 155.

3. Ibid.

4. Rauf, The Concept of Islamic State. op. cit., p. 55.


and most suitable for final determination”, 1

to have settled the subject of leadership.

which is said

The term "among you" in the said verse refers only

to Muslims; 2 hence they are the only persons who may

shoulder such responsibilities and have legal claim to

obedience. The reason is that it is impossible to expect

Non-Muslims to promote the cause of Islam, the purpose

for which the state is established. What about other

positions of lesser authority? With respect to other public

functions, the only criterion necessary is merit. Both

Muslims and Non-Muslims may compete for such position

on an equal basis. Accordingly, non-Muslim citizens may

occupy any lower post and may rise to the position of a

cabinet minister. Even in the time of al-Mawardi (991-

1031), the jurist believed that a Non-Muslim citizen could

be appointed in many positions in an Islamic state which

might be as high as the positions of a minister with

executive powers (Wazir al-Tanfidh) which may be

similar to that of secretary of state in the contemporary

presidential system. It is well to mention that 'Amr Ibn

'Umaiyah al-Damri, who was sent by the Prophet as an

ambassador to Negus of Abyssinia, and who was the first

of his ambassadors ever to be sent abroad, was not a

Muslim at the time of his appointment. 3 Furthermore, the

secretary of treasury in Medina under ‘Umar Ibn al-

Khattab (581-644) was a Christian citizen.

The six exception to the principle of equality may be

added. Non-Muslim citizens appointed as judges can

adjudicate matters only among their own fellows; and this


2. Muhammad Asad, Manhaj al-Islam Fi al-Hukm. (Beirut: Dar al'Ilm Li

al-Malayin, 1963), trant by: Mansur Muhammad Madi, p. 84

3. Hamidullah, Introduction. op. cit., pp. 148-151.

Chapter Eight 103

May be done in so far as there are precise injunctions in

their sacred books which bear n the case at issue. This, as

stated earlier, is limited to matters of personal law, civil

and penal laws are administered universally by Muslim

judges according to the Shari’ah as the public law of the

state.

The brief review of the legal status of Non-Muslim

citizens in the Islamic state has provided the foundation

for an examination of their eligibility for membership in

the Majlis al-Shura. The point was made that Majlis al-

Shura is considered to be a part of the governing body of

Uli al-Amr. Accordingly, obedience to the decisions of

this body constitutes both a religious and constitutional

obligation upon all Muslims. Given the precept of the

Quranic verse just quoted, which limits all high

commanding positions with the authority to make policy

decision to Muslims, some Muslims scholars are of the

opinion that Non-Muslim citizens are not eligible to

membership in the Majlis al-Shura. 1 Prominent among

these is the late Sayyid Qutb(1905-1966) who prohibits

loyalty to non-Muslims. He insists on the separation

between the Muslim party from all other parties that do

not acknowledge God and His messenger and do not join

the party of God, he, therefore, makes a clear difference

between kind and friendly treatment of Non-Muslims,

loyalty which must be only to God and His messenger and

His Muslim party. 1 Sa'id Hawwa, a leader in the movement

of the Muslim brotherhood, maintains a similar hard line

and states: "We call upon non-Muslims in every Muslim

country to enter into a working bond in which they should

acknowledge that the political power belongs to Islam and

Muslims. This has been their status with us throughout

1. Gahtan 'Abd al-Rahman al-Duri, Al-Shura Bayn al-Nazariyyah Wa

al-Tatbiq. (Baghdad: Matba'ah al-Ummah, 1978), p. 220.

2. Sayid Qutb, Fi Zilal al-Qur'an. (Beirut: Dar al-Shuruq, 1979), vol. 2, p.

907.


the countries. They will have government posts in various

ministries and in the house of representatives according to

the ratio of their number. They have the right to build

their own schools while they can also send their children

to public schools. They are to be tried according to their

own canon laws, or can be tried in Muslim courts if they

wish. They have a right for security, and their religious

freedom is to be guaranteed. 1 Yet, in another place, he

preaches avoiding non-Muslims, and calls for not mixing

with them". 2

An Egyptian group which calls itself, "Jama'ah al-

Jihad", echoes the attitude of the late Sayyid Qutb which

regards the Egyptian society as a jahiliy social order and

firmly holds to the view that the power and authority over

Muslims should be concentrated in the hands of Muslims

only. 3 They maintain that there are only two parties: the

Muslim party of God and the Satanic Non-Muslim party.

Therefore, this group is critical of democracy which calls

for equality of all citizens, whereas Islam(in their view)

rejects equality between a Muslim and Non-Muslim. The

Islamic liberation party of Jordan also limits the right of

membership in the Majlis al-Shura to Muslims. As for

Non-Muslims, they have only the right to convey their

views and to enjoy a neighbourly life with Muslims. 4

Al-Jama'ah al-Islamiyyah, Pakistan, holds that: "The

Islamic state confers all basic human rights on its non-

Muslim citizens, as well as distinction as to rights between

Muslims and non-Muslims in this respect. Whatever

distinction is made between the twos, is the realm of

1. Sa'id Hawwa, Da'wah al-Ikhwan al-Muslimin. (Cairo: Unknown

Publisher, n.d.), p. 117.

2. Fahmi Huwaidi, "Islamic Resurgence: Comparatism and Equality

Seminar of Islamic Resurgent. Aman. (March: 1987), pp. 1-14.

3. Ibid., pp. 14-166.

4. Ibid., pp. 19-20.

Chapter Eight 105

political responsibilities only. Since an Islamic state is

based on an ideology, it is evident that only those who

believe in that ideology can be entrusted with the

responsibility of running of its affairs”. 1 Only those of its

people can here in bear the responsibility of policy making

who believe in the ideology which must necessarily govern

its policies and programme. Thus, Muslims alone can be

the rulers in an Islamic state, as God clearly mentioned in

the Qur'an which means: "O ye who believe! Obey God,

and obey the Apostle, and those charged with authority

among you. If ye differ in anything among yourselves,

refer it to God and His Apostle, if ye do believe in God and

the last day". 2

It is thus obvious that those who do not accept the

ideology of Islam as their guiding light cannot become the

head of the Islamic state. However, in regard to Majlis

al-Shura or a legislature of the modern conception, it was

allowed for non-Muslims to become its members "under

certain conditions". With these provisions ensured, the

sphere of influence over non-Muslim minorities would be

limited to matters relating to the general problems of the

country or the interest of minorities concerned, 3 not to

policy-making. Al-Jama'ah argues that no Dhimmi was

elected to the Majlis al-Shura or was appointed governor

or a general or a judge during lifetime of the Prophet

Caliphs. 4 Nor was any of them permitted to interfere with

the election of the Caliph.

Although no Dhimmi was appointed in a responsible

position during the life of the Prophet or during the reign

of the righteous Caliphs, we have to draw a distinction

1. Abu Ala al-Maududi, The Islamic Law and Constitution.

(Lahore:Islamic Publication Ltd., 1960), p. 295.


3. Maududi, Islamic Law. op. cit., pp. 295-296.

4. Huwaidi, Islamic Resurgence, op. cit., pp. 24-25.


between the early formative age of Islam and the age

when the faith became firmly and widely established.

During the early era when Muslims were relatively few and

the young community was actively and almost universally

opposed, all those outside its narrow boundaries were

regarded as hostile elements to that young vigorous

Islamic state which advocated beliefs and conduct at

variance with those prevailing elsewhere.

So, they could be either with us or against us, so to

speak Islam was seriously in a precarious position.

Therefore, it was only those committed Muslims who

aspired for martyrdom as much as we cling to life, who

could been trusted with military and high administrative

responsibilities.

Later on, when Islam had been firmly established,

tolerated and even accepted as a durable world reality, we

hear of Non-Muslims holding important professional

responsibilities, particularly from the Abbasid age onwards.

Careful examination of the sunnah of the Prophet

also indicates that in the constitution of Medina which was

written as the basis of the newly founded Islamic

community, the Prophet has accorded Non-Muslim citizens

the right to participate in the collective decision-making

process of the state. Consider the following passage of

that document: "All Jews chose to join us shall have all

the protection that Muslims have. Neither will they be

oppressed, nor may there be a Muslim communal

agitation against them. To the Jews their religion, and to

the Muslims their religion. The jews of Bani 'Awf constitute

a community with the believers. Between all there should

be benevolence and justice. Responsibility for any act of

oppression or wickedness shall always be a mutual council

and advice". 1 The specification of rights and obligation in

1. Hamidullah, Watha'iq al-Siyasiyyah. op. cit., pp. 15-21.

Chapter Eight 107

this document, which includes the right of mutual

counsels and advice, as Professor Hamidullah rightly

states: “implies their participation in the consultation and

in the execution of plans of plans adopted”. 1

In addition, history shows that the Prophet himself and

Abu Bakr al-Siddiq(d.634A.D.),as early as the time of the

migration from Mecca to Medina, hired a polytheist, 'Abd

Allah Ibn al-Arqat as a guide, 2 and trusted him to lead

them to their destination through intricate paths when the

Prophet was being pursued from all sides and a large

reward was declared for anyone who could capture him

and bring him back to Mecca dead or alive. As well as that

‘Abd Allah Ibn Ubay Ibn Abi Salul, a non-believer,

participated in the decision making process under the

Prophet. His consultation prior to the battle of Uhud is well

documented in Islamic history. 3 Both precedents indicate

that non-Muslim citizens are entitled to consultation

regarding the affairs of their country, and are, by analogy,

eligible for membership in the Majlis al-Shura. Nothing

less than this conclusion can be drawn from the Prophet's

practice, nor can anything less correspond to the well

celebrated Islamic legal principle which states: "They

enjoy the rights Muslims enjoy and shoulder the same

responsibilities", 4

However, the inclusion of Non-Muslims in the Majlis

al-Shura may present some legal problems with respect

to the process of legislation. As legislation in the Islamic

state, if we may recall, is the exclusive domain of Muslims

213 Hamidullah, Introduction. op. cit., p. 148.

214 Rauf, The Concept of Islamic State. op. cit., p. 82.

215 Hasan Ibrahim Hasan, Tarikh al-Islam. (Cairo: Maktabah al

Nahdah,1964), p. 111.

216 This legal principle is the rule in the treatment of non-Muslim citizens

of the state wherever is no precise injunction that bears on the case at

issue. See Yusuf al-Qaradawiyy, Al-Halal Wa al-Haram Fiyy al-Islam.

(Beirut: al-Maktabah al-Islamiyy, 1973), p. 328.


Jurists. Since, the most cases, legislation is an exercise of

ijtihad, neither non-qualified Muslims nor non-Muslim are

eligible to participate in the process. Therefore, the

participation of Non-Muslims is seen by some scholars as

conflicting with the Shari'ah principle. 1 This dilemma, of

course, was not faced by the earlier Muslims who limited

the participation of Non-Muslims to decisions of a political

military nature.

This legal problem is not insurmountable, however,

although the process of legislation in modern assemblies

ought to be open to all members, there are ways to

ensure that proposed laws are evaluated for consistency

with the Divine law. Among these safeguards is the

stipulation in the constitution of the Islamic state that:

1. It is unlawful for the Majlis al-Shura to enact

legislation which conflicts with the Qur'an and the Sunnah.

2. The Qur'an and the Sunnah constitute the main source

of legislation.

3. The head of the state who promulgate all new laws,

must be a Muslim. 2

The inclusion of these constitutional safeguards in

the constitution would settle the legal difficulty concerning

the participation of non-Muslims in the process of

legislation. While this arrangement would make it possible

for Non-Muslim representatives to introduce or propose

laws and regulations, or to participate in drafting such

laws, the enactment of these laws would not take place

unless they correspond to the Shari'ah. This legal

compromise makes the minority eligible for participation

in the legislative traditions. The solution of this legal

problem, in our opinion, removes the final reservation

1. Al-Duriyy, Al-Shura. op. cit., pp. 220-221.

2. Maududi, The Islamic Law. op. cit., p. 284.

Chapter Eight 109

about the eligibility of non-Muslim citizens for membership

in the Majlis al-Shura.

Today we see there are waves of Muslim immigrants

in the United States of America, France, Canada and

Australia where Christianity dominates. They have been

granted full citizenship and, on the whole, they suffer no

legal in-capacities. It is hoped that when they have struck

deeper roots in those advanced countries and begin to

wield political influence, that they will be of great service

to Islam both in their adopted countries and their mother

lands. If we insist on demeaning and mistrusting the

fellow believers of the citizens of those countries who are

in our midst, our own emigrating brethren will be severely

exposed and might suffer unfortunate consequences.

It is also found there are numerous small Muslim

minorities scattered in many Non-Muslim countries. If we

ourselves adopt discriminatory measures against our non-

Muslim com-patriots, how can we logically defend the

rights of our Muslim brethren in those minorities? We may

have to be accountable before our Creator for what they

may have to suffer on account of our own prejudices. With

the development of modern political nationalistic thought

and the decline of Islamic power, along with the

international ad-vocation of the basis human rights, even

the term dhimmi has lost its traditional implications. It

would be naively absurd and embarrassing in our

contemporary context to advocate status thought to be

humiliating to our fellow non-Muslim citizens.

Then, we would be well advised to drop terms with

objectionable connotations. We have in this regard a good

example in the section taken by the second Caliph, 'Umar

Ibnal-Khattab who termed the contribution collected from

the Christian Arab tribe, Banu Taghlib, Sadaqah (charity),


Rather than jisyah. 1 In fact, he made it equal to the

Zakah(poor due)paid by Muslims and also imposed it on

their women.

Based on the above analysis it becomes clear that

the participation of Non-Muslim fellow citizens in the Majlis

al-Shura of an Islamic or modern Muslim state will enrich

the administration experience and contribute to the

prosperity of the Ummah. It will also foster peace and

stability, and inspire cordial relationships among various

communities in the nation. They will be more exposed to

the ideals of Islam and become more appreciative of its

values.

1. Abu Yusuf, Al-Kharaj. op. cit., p. 270.

CHAPTER NINE

THE ELIGIBILITY OF NON

WOMEN FOR THE OFFICE

OF REPRESENTATION

(MEMBER OF PARLIMENT)

The eligibility of Muslim women for public functions has

been the subject of controversy throughout the ages.

However, careful examination of the expressed opinions

shows that, in many instances, customs and traditions

have been regarded as legal discussion. Given the

apparent confusion surrounding this subject, it deserves

special treatment. It may be useful to review briefly how

women were treated in general in previous civilizations

and religions, especially those which proceed Islam. Part

of the information provided here, however, describes the

status of women as late as the nineteenth century, more

than twelve centuries after Islam. Describing the status of

a Hindu woman, an authority on

the subject states: "In India, subjection was a cardinal

principle. Day and night must women be held by their

protectors in a state of dependence, says Manu. The rule

of Political System of Islam (A Micro Analysis) inheritance


was agnatic, that is descent raced through males to the

exclusion of females". 1

In Roman law a woman was even in historic times

completely dependent. 2 If she married she and her

property passed into the power of her husband. The wife

was the purchased property of her husband and like a

slave acquired only for his benefit. A woman could not

exercise any civil or public office, could not be a witness,

surety, tutor, or curator; she could not be adopted, or

make a will. According to the English common law it said:

"all real property which a wife held at the time of a

marriage became a possession of her husband". 3

Only by the late nineteenth century did the situation

start to improve. By a series of acts starting with the

married women's property Act in 1870, amended in 1882

and 1887, married women achieved the right to own

property and to enter contracts on a par with spinsters.

widows, and divorces. 4 As late as the nineteenth century

an authority in ancient law, Sir Henry Maine, wrote:"No

society which preserves any tincture of Christian

institutions is likely to restore to married women the

personal liberty conferred on them by the middle Roman

law" 5 In his essay on the subjection of women, John

Stuart Mill(1806-1873) wrote "We are continually told that

civilization and Christianity have restored to the woman

her just rights. Meanwhile the wife is the actual bondservant

of her husband; no less so, as far as the legal

obligation goes, than slaves commonly so called". 6

220 Philip W. Groetz, Robert P. Gween & Peter B. Norton, Encyclopedia

Britanica. (Chicago: Encyclopaedia Inc, 1969), vol. 28. p. 782.

221 Ibid. 222 Ibid.

223 Ibid., vol. 23, p. 624.

224 David and Mera Mace, Marriage: East and West. (New York: Dolphin

Books & Co. Inc., 1960) p. 81.

225 Ibid., pp. 82-83.

Chapter Nine 113

In the midst of the darkness of the world, the divine

revelation echoed in the wide desert of Arabia with a fresh,

noble and universal message to humanity: "O mankind,

keep your duty to your Lord who creates you from a single

soul from it created its mate(of the same kind) and from

them twain has spread a multitude of men and women". 1

A scholar who pondered about this verse states: "It is

believed that there is no text, old or new, that deals with

the humanity of the woman from all aspects in such

amazing brevity, eloquence, depth and originality as this

divine decree". 2

Stressing this noble and natural conception al-Qur'an

mentioned it in chapter VII:189). The Qur'an provides

clear cut evidence that woman is completely equated with

man in the sight of God in terms of her rights and

responsibilities. 3

Woman according to the Qur'an is not blamed for

Adam's first mistake. Both were jointly wrong in their

disobedience to God, both repented, and both were

forgiven. 4 In the verse XX:121 in fact, Adam specifically,

was blamed. 5 In marriage life, a woman has the full right

to decide about her marriage as she has the full right also

to decide about her marriage gift (Mahr). Ibn 'Abbas(938-

984) reported that girl who came to the Prophet was

given the choice between accepting the marriage or

invalidating it. 6 In another version, the girl said: "Actually

I accepted this marriage but I wanted to let women know

that parents have no right to force a husband on them". 7

1. Al-Qur'an, IV:1.

2. Al-Bahi al-Khuli, "Min Usul Qadiyah al-Mar'ah", Majallah al-Wa'I al-

Islami. Kuweit, vol. 3, (No. 2), (June, 1967), pp. 12-17.

3. Al-Qur'an, LXXIV:38, XVI:97.

4. Ibid., II:36-37, VII:20-24.

5. Ibid., XX:121.

6. Quoted from Khurshid Ahmad, edt, Islam Its Meaning and Message.

(Iran: Centre of Islamic Studies, 1978), p. 138.

7. Ibid., p. 138.


Besides all other provision for her protection, at the

same time of the marriage, it was specifically decreed that

woman has the full right to her Mahr, a marriage gift,

which is presented to her by her husband and is included

in the nuptial contract, and that such ownership does not

transfer to her father or husband.

The rules for married life in Islam are clear and in

harmony with upright human nature. In consideration of

the physiological and psychological make up of man and

woman. both behave equal right and claims on one

another, except for one responsibility, that of leadership.

This is a matter which is natural in any collective life and

which is consistent with the nature of man. 1

There are scholars who used the above Quranic verse

as a proof to deny the right of women in the political lives,

the reason given by them that man is assigned the role of

leadership in the house, as well as the role of financial

supporter and protector of the family. This responsibility,

or Qawwamah as it is known in Islamic legal tradition,

constitutes the only acknowledgement of Muslim male

over Muslim females. They further said, it is in reference

to this male responsibility that God mentioned the above

verse.

Actually, the degree of Qawwamah (maintenance

and protection) in the above verse refers to the natural

difference between the sexes which entitles the weaker

sex to protection. It implies no superiority or advantage

before the law. Yet, man's role of leadership in relation to

his family does not mean the husband's dictatorship over

his wife. Islam emphasizes the importance of taking

1. God said which means: "And women shall have rights similar to the

rights against them according to what is equitable; but men have a

degree (of advantage) over them, and God is exalted in power (wise)"

(II:228)

Chapter Nine 115

counsel and mutual agreement in family decision as

indicated in the Qur’an which means: “if they both decide

on weaning, by mutual consent and after due consultation,

there is no blame on them”. 1

Based on the above elaboration it is very clear that

the responsibility of the man over his family in this

manner does Qawwamah is meant only for the ordering

of family life. The not extend to women's political rights. 2

The application of failure of some Muslim thinkers to make

this distinction has confused the constitutional status of

Muslim women. The ambiguity resulted in the mistaken

impression that the idea of male Qawwamah is that the

family life extends to political life, and hence relegates

women's political rights.

As with other Islamic concept, the determination of

women's eligibility for the function of representation or

member of parliament cannot be accomplished without

touching on other areas. Consequently, the examination

of the eligibility question requires the discussion of

women's right to work in Islam. It should be stated first

that Islam regards her role in society as a mother and

wife as the most sacred and essential one. Neither maids

nor any baby sitters can possibly take the mother's place

as the educator of an upright, complex free, and carefully

reared child. Such a noble and vital role, which largely

shapes the future of nations, cannot be regarded as

"idleness".

However, it is important to note that there is no

decree in Islam which forbids woman from seeking

employment in any job that is respectable and suitable to

their feminine nature, 3 and which society needs her most.

1. Al-Qur'an, II:233.

2. 'Abd al-Hamid Isma'i'l al-Ansari, Al-Shura Wa Atharuha Fi al-

Dimuqratiyyah. (Beirut: Manshurah al-Maktabah al-'Arabiyyah, 1980),

p. 265.

3 'Abbas Mahmud al-'Aqqad, Mar'ah Fi al-Qur'an. (Beirut: Dar al- Kitab

al-'Arabi, 1969), pp. 201-202.


Examples of such professions are teaching and medicine.

Moreover, there is no restriction on benefiting from

woman’s exceptional taken in any field. Even for the

position of Judge. An illustration of the application of this

principle can be found in early Islamic history: Hamidullah

quoted the saying of Ibn Hajar(1372-1449), a classical

Muslim scholar, stating that in the time of the second

Caliph 'Umar Ibn al-Khattab(581 664), a woman by the

name of al-Shifa bt 'Abd Allah was appointed as an

inspector judge in the market of Medina. 1 This is in line

with the opinions of Abu Hanifah (699-767) and al-

Tabari(839-923) by commenting that there is nothing

wrong with it. 2

Woman's right to work, of course, includes the field

of politics. The provisions of equality indicates that Muslim

women are entitled to hold political positions, including

membership in the parliament with the possible exception

of the highest office, 3 that is the head of state. This is

because most of the governmental affairs in an Islamic or

in a modern Muslim state are based on the basis of

ijtihad 4 and the ijtihad is the right of every Muslim.

The provisions of equality quoted above indicate that

women are equal to men, except when the Shari'ah

provides for exceptions. In fact, the Divine law provides

1. Hamidullah, Introduction to Islam. (Paris: Centre Culturel Islamique,

1969), p. 137.

2. Ahmad, Islam Its Meaning. op. cit., p. 141.

3. Ibn Hazm al-Zahiri al-Andalusi, Al-Fasl Fi al-Milal Wa Ahwa' al- Nihl.

(Cairo: Maktabah al-Salam al-'Alamiyyah, n.d.), vol. 4, p. 129. See also

Abu Muhammad b. 'Abd Allah b. Qudamah, Al-Mughi. (Cairo: Maktabah al-

Jumhuriyyah Li al-'Arabiyyah, 1957), vol. 9, Pp. 40-41.

4. 'Abd al-Mun'im al-Khatib, Nizam al-Shura Fi al-Islam Wa Nizam al-

Dimuqratiyyah al-Mu'asarah. (Cairo: Matba'ah al-Sa'adah, 1985), p. 99.

Chapter Nine 117

Specific injunctions, in additional to the ones quoted

above bearing directly on the equality of men and women.

For instance, both men and women have equal oblication

toward God as stipulated by the Qur’an which means:

"The believers, men and women, are protectors, one of

another; they enjoin what practise regular charity, and

obey God and His Apostle. On is just, and forbid what is

evil; they observe regular prayers, them will God pour His

mercy; for God is exalted in power". 1

The four points i.e. keeping of prayers, establishing

the due (Zakah) and enjoining good on the believers and

eliminating evil from the society, encompass almost all

the affairs and functions of an Islamic or modern Muslim

state. Today it is generally believed that all these

activities can be carried out as joint responsibilities of

both men and women. In the light of this Quranic

injunction, the women can also demand equal

representation with men in the parliament. poor Any fair

investigation of the teaching of Islam will surely find a

clear evidence of woman's equality with man in what we

call today political rights. This includes the rights of

election as well as the nomination to political offices, one

of the political rights is to be as the member of parliament;

nomination itself in its original meaning means appointed

by the public people or masses to represent their opinions

to those who are in the authority. 2

That women has the right in this kind of

representation is evidence that Islamic Shari'ah does not

differentiate between the man and women. As is evident

in the Islamic history,

1. Al-Qur'an, IX:71.

2. Mustafa al-Siba'i, Al-Mar'ah Bayn al-Fiqh Wa al-Qanun.

(Syria: al-Maktabah al-'Arabiyyah, 1966), p. 155.


Ummu Salamah given her opinion to the Prophet in the

Huhaibiyyah’s Treaty, 1 and the nature of work of the

parliament is not much different. Not only this, but the

political rights include also the right of women ro

participate in public affairs.

Both in the Qur'an and in Islamic history we find

examples of women who participated in serious

discussions and argued even with the Prophet, as God

also mentioned in Sural al-Mujadalah which means:

"God has indeed heard (and accepted) the statement of

the woman who pleads with thee concerning her husband

and carries her complaint (in prayer) to God: and God

(always) hears the arguments between both sides among

you; for God hears and sees (all things)". 2 In the lifetime

of the Prophet we also find that in the year of migration

(Hijrah) to Medina seventy five of Medinan Muslims came

and two among them were women, the Prophet took their

bay'ah (oath of loyalty) which was called second Bay'ah

al-'Aqabah. This bay'ah is evidence that women are

taking place in the political affairs. 3

After the process of taking al-bay'ah was finished,

the Prophet asked to select twelve persons among them

as their representatives (Nuqaba'). 4 The Prophet's order

was pointed to all of them and not referred to men only as

he also did not give any exception to the women; then the

general order remained since there is no evidence which

denies that. Actually the Prophet expected that the two

women will use their rights in order to choose their

1. Izuddin al-Tamimi, Al-Shura Bayn Asal Wa al Mu'asarah. (Jordan:

Dar al-Bashir, 1985), p. 54.

2. Al-Qur'an, LVIII:1.

3. Fuad 'Abd al-Mun'im Ahmad, Mabda' al-Musawah Fi al-Islam Ma'a

al-Muqaranah Bi al-Dimuqratiyyah al-Hadithah.(Cairo:Muassasah al-

Thaqafah al-Jam'iyyah, 1971), p. 223.

4. 'Abd al-Malik Ibn Hisham, Sirah Ibn Hisham. (Cairo: Matba'ah

Mustafa Babi al-Halabi, 1855), vol. 2, p.64.

Chapter Nine 119

representatives, this event shows that no men has right to

select their representatives to represent their opinions to

the people who are in authority.

Besides, there is also another example where the

Muslim women is giving opinion to the Prophet. At the al-

Hudaybiyah treaty, after the Prophet completed the

treaty, he found the opposition from the Muslim masses

regarding the content of the treaty and asked them to

disperse and cut a little bit of their hair. The Muslim

masses refused the order of the Prophet, then, the

Prophet met his wife Ummu Salamah and informed her on

what had happened; the Ummu Salamah asked the

Prophet to go out, leave the crowd and do the cutting. The

Prophet followed the advice of his wife, and the Muslim

masses, seeing the Prophet doing so, their follow ed. 1 Of

course this is another evidence that women in Islam also

has the right to give opinion in political affairs because the

Prophet himself discussed with and took her view; then

the women are allowed in Islam to be members of

parliament in order to present their opinions as Ummu

Salamah did to the Prophet.

Although there is an opinion which says that the

above bay'ah is excluded from the general rule, due to

the different nature between the two bay'ah which took

place before migration, and after. But, the important thing

here is that the Prophet has accepted the women for

bay'ah, and this bay'ah is regarded as the historical fact

which was supported by the verse of al-Qur'an; and the

different nature between the two bay'ah does not change

the reality at all, this is because the principle of al-bay'ah

still stands. Due to that reason al Qasimi said: "This

historical and Islamic jurisprudent facts does not change

any aspects of Shari'ah law, especially that Qur’an and

1. Mahmud al-Khalidi, Al-Shura. (Oman: Maktabah al Muhtasib, 1984),

p. 143.


The Sunnan of the Prophet do not deny the participation

of women in the bay’ah”. 1

The above historical events regarded as evidence

prove the legality of women to participate in the political

affairs of an Islamic or a modern Muslim state. This

political rights of the women, include the right of being the

member of parliament. However, there are Muslim

scholars who say that the participation of women in the

political or public affairs, lead the women to neglect her

role as the mother in the family; besides, the women also

has to mix with men (Non Muhrim) males. The answer to

this allegation: it is possible to say that it is not necessary

for the women, in order to be effective in her work, to

forget about her role at home as the mother. Similarly it is

not necessary for women to travel alone in order to be

effective.

While the matter of mixing with other male

colleagues, it is lawful according to Islamic Shari'ah that

women mix with Muslim males in the fields of knowledge,

worship and jihad, on condition that both sides have to

observe Islamic morality. 2 This can be seen even in the

lifetime of the Prophet, for example Samra' bt Nahik al-

Asadiyah was seen by the Prophet while she was in the

market of Medina encouraging the Muslim masses to

preach Islam. 3

The same thing also occurred in the period of the

second Caliph, when a woman from the Quraysh tribe

argued with 'Umar Ibn ak-Khattab in the mosque, proved

her point, and caused him to declare in the presence of

1. Zafir al-Qasimi, Nizam al-Hukm Fi al-Shari'ah Wa al-Tarikh. (Beirut:

Dar al-Nafa'is, 1974), p. 278.

249 Al-Ansari, Al-Shura Wa Atharuha, op. cit., p. 315.

2. Fuad 'Abd al-Mun'im Ahmad, Mabda' al-Musawah Fi al-Islam Ma'a

al-Muqaranah Fi al-Dimuqratiyyah al-Hadiythah. (Cairo: Muassasah

al-Thaqafah al-Jami'iyyah, 1971), p. 234.

Chapter Nine 121

people. The mosque in Islam played the role as the place

where Shura process took place. And women also have

the right to be in the mosque. Every Muslim in the

mosque participated in the discussion of the Caliph’s

programme for the development of the country. We

believe it is necessary for women to be provided a specific

place in the mosque or in parliament in order to avoide

the women mixing with male colleagues in unnecessary

situations: but we are also convinced that problems

solved not through stopping the women to leave the

house and deny her political rights.Participation of women

in the social and political lives is as one of the factors

which can help solve the social problems in society.

The exception of woman's appointment to the

highest office is based on a hadith in which the Prophet is

reported to have said which means: "That nation, who

places a women over its affairs, would not prosper" 1 It

should be stated that this hadith is Ahad (singleton), 2

that is either related by a single isnad (narrator) or is an

isolated hadith of a particular time. It is the opposite of

the mutawatir hadith which is continuously supported

by a large number of people at different times, precluding

the fear of a false report. Due to the singleton nature of

the hadith under consideration it is considered to be

weak by jurists.

Furthermore, besides the deficiency of its chain of

narrators (Sanad), the context in which the Prophet made

this statement suggests that it was not intended for

legislation. It was made during the war that broke out

between the Persian and Byzantium empires in the

1. Muhammad Ali Shawkani, Nayl al-Awtar. (Cairo: Matba'ah Mustafa

Babiy al-Halabi, 1961), vol. 8, p. 274.

2. 'Abd al-Muta'al al-Sa'idi, Min Aina Nabda'. (Cairo: Matba'ah al-Khaniji,

1966), p. 112; Nasir al-Din al-Albani, Min Silsilah al-Za'ifah Wa al-

Maudu'ah. (Damascus: Dar al-Qur'an al-Karim, 1384 A.H.). vol. 1,

p. 430.


seventh century of the Christian era. In the middle of that

conflict, the Persian emperor Chosro died and his

daughter was enthroned in his place. 1 In the normal cause

of events, the Prophet was informed of his death and the

ascent of his daughter. It is in reaction to this news that

the Prophet is reported to have made this remark. 2 Given

the deficiency of this type of Ahad hadith, Muslim jurists,

including the late Egyptian Imam Muhammad

Abduh(1849-1905), refused to apply them even in simple

daily matters. A weak hadith, the authenticity of which is

doubtful, should not be considered the basis of

constitutional rules. 3

Therefore, women's eligibility for membership in

Parliament becomes a matter of course. Nevertheless, the

subject needs further elaboration in light of the nature of

the function of representation. The point has been made

that the function of representation in Islam covers three

main aspects: legislation, participation in decision-making,

and control of government. The Shari'ah clearly accorded

Muslim women the right to participate in all three

functions. With respect to the function of legislation,

Muslim women have equal rights with men to legislate

since the task of legislation requires knowledge, and Islam

provides equal rights of education to men and women.

Any knowledgeable Muslim, male or female, can

participate in legislation.

In fact, Muslim history is full of examples of women

who excelled in the field of law and legislation, chief

among was the Prophet’s wife ‘Aishah, who left a lasting

1. Al-Khatib, Nizam al-Shura, op. cit., p. 97.; Al-Ansari, Al-Shura Wa

Atharuha, op. cit., p. 282.

2. 'Abd al-Hamid al-Munifi, The Islamic Constitutional Theory. (Virginia:

University of Virginia, 1973), p. 414.

3. 'Abd al-Hamid Mutwalli, Mabadi' Nizam al-Hukm Fi al-Islam.

(Alexandria: Manshaah al-Ma'arif, 1974), p. 435.

Chapter Nine 123

Impression on Islamic jurisprudence. 1 As to the eligibility

of Muslim women ti participate in the decision making

process, the Shari’ah is unequivocal. The Prophet himself

set forth an example by consulting with his wife Ummu

Salamah, as has been mentioned earlier.

Women's eligibility to participate in the decision

making process is further exemplified by the role accorded

to women during the reign of the four Caliphs. Under

'Umar Ibn al-Khattab, for instance, women participated in

open parliamentary debates held in the mosque. 2 The

outstanding example of women's role in the political

decision-making of the early Caliph is that of the Prophet's

wife, 'Aishah. History records that this remarkable woman

was active in the opposition to Caliph 'Uthman b. 'Affan

(576-656) when he was accused of the abuse of power.

'Aishah also led the armed opposition against Caliph 'Ali b.

Abi Talib (610-661) in the battle of al-Jamal. 3 Moreover,

the participation of Muslim women in the consultation

concerning the nomination of Caliph 'Uthman b. 'Affan is

well known in Islamic history. Such evidence verifies

women's eligibility to participate in the decision-making

process.

The Qur'an is also explicit with regard to women's

eligibility to participate in the function of governmental

control. Almost all Muslim jurists stress the equal

obligation of males and females with respect to this

function. Such mutual obligation is ascribed to Muslims by

virtue of the fact that it comes under the task of enjoining

what is good and forbidding what is evil. This task makes

the promotion of the good and the suppression of evil, in

1. Al-Siba'i, Al-Mar'ah Bayn al-Fiqh, op. cit., pp. 157-158.

2. Sulaiman al-Tamawi, "Al-Shura Fi al-Islam", Majallah al-'Arabi. vol.

198. Kuweit, (May, 1975), p. 109.

3. Hazim A, al-Sa'idi, Al-Nazariyyah al-Islamiyyah Fi al-Dawlah. (Cairo:

Dar al-Nahdah al-'Arabiyyah, 1977), pp. 232-233.


every aspect of Muslim’s life a religious obligation of every

Muslim, male or female. Hence, the eligibility of Muslim

women for the other three functions of representation is

deep noted in the Shari’ah. 1

1. Al-Siba’i, Al-Mar'ah bayn al-Fiqh, op. cit., p. 156

CHAPTER TEN

NATIONALISM AND ISLAM

Discussion of nationalism frequently argue that the word

is a modern one; the roots of the modern word

nationalism are to be found in late eighteenth century

Western Europe and north America, 1 coming into

European usage for the first time only in the nineteenth

century. 2 This is, however, to equate the appearance of

the word with the reality of the cluster of attitudes in

connotes, leading to the assertion that such sentiments as

hatred of foreign rule and desire for political freedom were

unknown before the nineteenth century and, by extension,

are imports into the non-western world from Europe.

What appears in nineteenth century Europe, less a result

of the French revolution than of a long process of change

and development in western European society, is the

articulation and elaboration of the concept of a rational

justifiable political state.

1. Peter Alter, Nationalism. (New York: Edward Arnold, 1989), trant by:

McKinnon Evane, p. 4.

2. Ainslie T. Embree, Utopias in Conflict: Religion and Nationalism

in Modern India. (Berkeley: University of California Press, 1990), P.


In terms of international structures, nationalism is

rooted in the bureaucratic, administrative, and dynastic

changes os at least four hundred years of European

history, and the problem it raises about the nature and

validity of political authority can be traced throughout

Western history.

In the nineteenth century, these historical

developments converged in an understanding, in Hans

Kohn's words, of nationalism as the "political creed that

underlies the cohesion of modern societies and legitimizes

their claim to authority". 1 Loyalty to the nation was the

fundamental virtue. However, claim to that or loyalty

could only be made by rulers whose authority and

legitimacy were based not on conquest but on

identification with the people. Part of one's own sense of

identity and a very important part derives from one's

sense of being part of a nation.

The relationship between religion and nationalism is

intimate specially in certain historical situations where

they reinforce each other in terms of providing leadership,

formulating ideologies that make change possible and

desirable, and developing Utopian vision of a good society.

On their own, religion and nationalism are potent

stimulants to action, but they are particularly so when

leaders are both religious and nationalist figures,

expressing themselves in ideologies and in the Utopian

vision that uses the vocabulary of religion to define their

goals for the nation.

DEFINITION OF NATIONALISM

The term "nationalism" whose earliest mention can be

found in a work of 1774 by the German philosopher

1. Hans Kohn, "Nationalism", in International Encyclopaedia of the

Social Sciences. (New York: MacMillan Co. 1968), col. 10, p. 63

Chapter Ten 127

Johann Gottfried Herder, did not begin to enter into

general linguistic usage until the mid-nineteenth century. 1

But today, arguments still rage over what nationalism

really is. Even the academic world, which has been

studying nationalism for decades, has failed to agree on a

generally acceptable definition. The same is true of the

concepts of “nation” and "nationality", The American

political scientist Karl W Deutsch, whose work has

enriched research into nationalism to an extraordinary

degree since the 1950s, has consequently defined

nationalism as "a state of mind which gives 'national’

messages, memories, and images a preferred status in

social communication and a greater weight in the making

of decision" or in other words it is "as an attitude of mind,

a pattern of attention and desires" 2 These attitudes and

desires are directed to creating a sense of national

identity that underginds the modern nation-state.

In Deutsch's opinion, a nationalist devotes greater

attention to those messages which "carry specific symbols

of nationality, or which originate from a specific national

source, or which are couched in a specific national code of

language or culture". 3 This definition, which emphasizes

intensive social communication as the precondition for

feelings of national identity, is not entirely watertight,

however, for it considers only some, albeit important,

aspects of nationalism.

1.

Shafer Boyd C, Faces of Nationalism: New Realities and Old Myths.

(New York: MacMillan Co, 1972), p. 16; Aira Kemilainen, Nationalism:

Problems Concerning the Word, the Concept and Classification.

(Bombay: Jyvaskyla Publisher, 1964), p.5.

2. Karl W. Deutsch, Contemporary Political Science: Toward Em

pirical Theory. (New York: Columbia University Press, 1967), p. 208.

See also his book on Politics and Government. (Boston: University

Press, 1970), p. 80.

3. Ibid.


Euhen Lemberg in the framework of a “sociological theory

of nationalism”, characterizes nationalism as a “system of

ideas, values and norms, an image of the world and

society”, which makes a “large social group aware of

where it belongs and invests this sense of belonging with

a particular value. In other words, it integrates the group

and demarcates its environment”. 1 Lemberg goes on to

list the nuclea around which the group's awareness of its

own location can crystallize: "shared language, origins,

character and culture, or common subordination to a

given state power". 2

Lemberg's definition of nationalism as an ideology

capable of integrating large social groups has been

defined by Theodor Schieder, who holds nationalism to be

a specific integrative ideology which "always makes

reference to a 'nation' in one sense or another, and not

merely to a social or religious type of group" 3 This broad

conception will be adopted here:nationalism, such as it

has appeared since the American and French revolutions,

will be understood as both an ideology and a political

movement which holds the nation and the sovereign

nation-state to be crucial in dwelling values, and which

manages to mobilize the political will of a people or a

large section of a population.

Nationalism is hence taken to be largely dynamic

principle capable of engendering hopes, emotions and

action; it is a vehicle for activating human beings and

creating political solidarity amongst them for the purposes

of achieving a common goal. In the modern Arabic

language, the term qaum means "nationality" while

1. Eugen lemberg, Nationalism. (Reinbek: Hutchinson Publisher, 1964),

vol, p. 52.

2. Ibid.

3. Taken from Alter, Nationalism, op. cit., p. 8.

Chapter Ten 129

"Qaumiyyah" is the equivalent of “nationalism”. 1 Both of

these terms are used strictly in the sense they connote in

modern political science. The expression “al-Qaumiyyah

al-’Arabiyyah” refers to all the people of Arab countries

extending from Morocco in the North Africa ti Iraq in the

Near East. The Arab peoples, it all the peoples of the Arab

countries extending from Morocco is held, constitute a

single nationality because they are bound together by the

common ties of Arabic language. The linguistic foundation

of modern Arab nationalism has given rise to a movement

which is directed to achieve a Pan-Arabism, larger political

unity of all Arab nations.

However, Pan-Arabism has to be distinguished from

Pan-Islamism. The Pan-Arab movement does not include

non-Arab Muslims within the framework of their proposed

Arab unity, where as the latter covers the larger world of

Islam extending from Morocco to Acheh-Sumatra.

However, the Qur'an in some of its verses has used the

term in a general sense to mean a group of people or folk

who assemble for some specific objectives. Therefore, the

term has neither any territorial nor ethnic reference. In its

Quranic sense, the term implies at best the idea of

integration of loyalties of a group of followers around a

common leader. Consequently, it does not refer to a

territorial community bound together by the common

bonds of language, culture, traditions and history,

economy, and politics. Hence, for some Muslim scholars

said that the term does not connote either the modern

concept of nationality or that of Qaumiyyah in the sense

of nationalism.

In accordance with this definition, nationalism exists

whenever individuals feel they belong primarily to the

269 Hans Wehr, A Dictionary of Modern Written Arabic. (Wiesbaden: Otto

Harrassowitz, 1961), edt by: J. Milton Cowan, p. 800. See also S. Fawq al-

'Adal, A Dictionary of Diplomacy and International Affairs. (Beirut:

Maktabah Lebanon, 1974), p. 24.


nation, and whenever affective attachment and loyalty to

that nation override all other loyalties. The tenet of

enlightenment philosophy that individual is principally a

member of the human race and thus a citizen of the world

no longer holds. The concept of Ummah as an abstract

entity symbolizing the cohesion of all the Muslims is

inapplicable in modern times, since political fragmentation

of the world Ummah is a hard political reality. The

Ummah in the sense of a universal political unity under a

single political leadership is an impracticable proposition

today. The individuals perceive themselves today, rather,

as members of a particular nation. They identify with its

historical and cultural heritage and with the form of its

political life. The nation (or the nation-state) represents

the site where life is led, and endows existence with

meaning both in the present and the future.

Thus, nationalism according to the mentioned

definitions is a political creed that underlies the cohesion

of modern societies and legitimizes their claim to authority.

It centres on the, "supreme loyalty of the overwhelming

majority of the people upon the nation-state either

existing or desired". 1 In brief, nationalism has three

important features. First, it is a concept which demands

the loyalty of the individual and the group, primarily, to

the nation-state. Second, it represents a desire of a

people to be united as a sovereign nation. Third, it is a

phenomenon which exists in the form of either a state of

mind or general will. 2 In short, nationalism represents an

ideology in the secular sense of the term and it affects the

whole way of life. The indoctrination of the nationalist

ideology, could also lead into the replacement of other

ideologies, particularly those of a religious nature.

1. Kohn, "Nationalism", Encyclopaedia of the Social Sciences. op. cit., vol.

11, p. 63.

2. J. Kennedy, Asian Nationalism in the 20th Century. (London: MacMillan,

1968), p. 3.

Chapter Ten 131

RECONCILING NATIONALISM WITH THE CONCEPT

OF UMMAH

The concept if Ummah in modern times is seriously

challenged by the growing impact of Western political

culture. By the end of the nineteenth century, mostof the

Muslim lands had come under colonial rule of the

European powers. The thrust of European colonialism

completely disrupted the traditional foundations of the

Islamic Ummah. The rule of Shari'ah was gradually

substituted by European legal codes, and finally Khilafah

gave way to the emerging national states.

During the last two world wars, and thereafter, the

political map of the Islamic world has completely changed

and presently we have a large number of Muslim states.

The introduction of western education in these countries

created a new class of westernized elites who have been

the champions of modernization, reform, and nationalism.

The upsurge of nationalism has brought Muslim

intellectuals into direct conflict with their long cherished

traditional concept of Ummah as symbolized by the

institution of Caliphate. In attempting to bring about a

reconciliation, it is necessary for us first to study the role

of Islam in anti-colonial independence movements and the

emergence of modern nationalism.

Islam played an important role in each. First, in

independence movements in North Africa and the Indian

subcontinent, Islam served as a unifying force, providing

an identity and allegiance, leadership and mosque-based

communication centers. Second, the development of

modern Muslim nationalism was indebted to Islamic

modernist as well as secular nationalist leaders. Given the

transnational religious ideology of Islam, the shift in

loyalty from the Pan-Islamic community to the more

limited modern nation state required a process of

ideological redefinition and legitimization. Islam was

integral to the development of nationalism ideologies. For


example, Jamalludin al-Afghanis(1839-1897), a great

champion of the Pan-Islamic movement, maintained that

the institution of the Caliphate should be reactivated as

an instrument for galvanizing the concept of Islamic

Ummah in the modern age. Al-Afghani realized that it

was not enough to operate at the level of preserving the

political unity of the Ummah within the framework of the

Caliphate, but it was also necessary that those parts of

the Ummah which were under foreign rule should assert

themselves against their colonial masters and attain

national liberation.

Thus, Al-Afghani provided stimulus to national

liberation movements in different parts of the Ummah.

However, nationalism in this narrow sense was only a

means to the end, and not the end by itself. But his

movement did create bases for territorial nationalism in

Eqypt and India subcontinent. Following his programme of

action, many Muslim intellectuals did not find it difficult to

reconcile Pan Islamism with territotial nationalism.

Rashid Rida(1865-1935), a devoted disciple of

Muhammad Abduh(1849-1905) through the journal of al-

Manar, believed that the Islamic reform was a sine qua

non for the revitalization of the Muslim community and

the restoration of its lost political power and prosperity.

Rida attributed the decline in Islam to stagnation and

blind imitation which impaired the ability of Islam to

respond to changing needs through modern political and

legal reform.

Following Abduh, Rida believed that the return of

Islam to a central position in public life required the

restoration and reform of Islamic law, and the Islamic

legal reform requires an Islamic government, i.e., the

restoration of the Caliphate. For Rida the true Islamic

political system is based upon consultation between the

Caliph and the ulama who are the guardian interpreters

of Islam law. To achieve this goal according to him, we

Chapter Ten 133

have to advocate the development of a group of Islamic

progressive thinkers who could bridge the gap between

the conservative ulama and westernized elites.

Although Rida advocated the ultimate restoration of

the universal Caliphate and a transnational Islamic

community, he also accepted the reality of the new

separate Muslim states, the importance of Muslim unity,

and the need to avoid anything which might weaken that

unity and make Muslims even more vulnerable to

continued European rule. While some of Abduh's disciples

turned to Egyptian nationalism, Rida linked Islam with a

broader Arab nationalism. For Rida, as in its early

formation, the revitalization of the community dependent

upon Arab Muslim leadership. God's revelation had been

in Arabic and the Arabs had constituted the vanguard of

Islam, spreading and uniting all under the banner of Islam.

So, Muslim unity would only be restored again through the

Arabs. 1

Although pragmatically accepting nationalism and the

nation-state, he also reminded Muslims of the

transnational identity of the Islamic community. Thus,

Rida accepted the reality of patriotism and nationalism

provided that national unity does not overshadow or

replace Muslims' identity and solidarity as members of a

transnational religious homeland and community which

remain the Islamic ideal.

In the case of Pakistan we have seen that in the

twentieth century Islamic nationalism(Qaumiyyah al-

Ammah) found a strong advocate in Muhammad

Iqbal's(1873-1938) thought. He focused on the theory of

self (khudi) as the key to the the regeneration of Islam in

the modern age. But he related his theory of self to that

of the Islamic Millah. 2 Iqbal believed that Millah was

1. Al-Manar, no. 3, (Cairo: 1900), p. 172, 290-292.

2. Mancooruddin Ahmed, Pakistan: The Emerging Islamic State.

(Karachi: Allies Book Corporation, 1966), pp. 86-88.


Founded on religion rather that on the idea of the

fatherland. For him the spiritual universalism of Islam,

based on the concept of tauhid(monotheism) was totally

opposed the cult of nationalism(Qunmiyyah al-Khassah)

both territorial (Wataniyyah) as well as

integral(Qaumiyyah).

For Iqbal, questions posed by secular nationalism for

the Islamic world took on special significance in India

where Muslims were a minority: "Is it possible to retain

Islam as an ethical ideal and to reject it as a policy in

favour of national politics in which religious attitude is not

permitted to play any party?" Iqbal believed such a

nationalist option was impossible since the revealed

"religious ideal of Islam...is organically related to the

social order which it has created” . 1 That Islamic social

order included a state and a law, the Shari'ah. Any

nationalism which challenged Islamic solidarity and life

was unacceptable. For that reason, in their opposition to

British rule, they were willing to associate themselves with

the Indian National Congress in order to seek

emancipation from foreign rule.

However, Iqbal was convinced that attempts in India

to discover a principle of internal Hindu-Muslim communal

harmony had failed and that the object of Hindu political

leaders was Hindu dominance in India. Standing before

the All-India Muslim League in Lahore in 1930, Iqbal

issued a call which was to progressively dominate Muslim

politics in India, to subside only in 1947 with the

establishment of Pakistan: "I would like to see the Punjab,

North-Western Frontier Province, Sind, and Baluchistan

amalgamated into a single state. Self government within

the British Empire or without the British Empire, the

formation of a consolidated Muslim state is in the best

1. Taken from John L. Esposito, Islam and Politics (New York: Syracuse

University Press, 1984), p. 91.

Chapter Ten 135

interests of India and Islam”. 1 Although, Iqbal’s emphasis

on Islamic nationalism (Qaumiyyah al-’Ammah) 2 paved

the way for the emergency of the Muslim League which

had develop the two-nations theory in order to counteract

the Congress demand for a united India based on a

common Indian nationality.

Although the two-nations theory was couched in the

terminology of modern political science in asserting for

Indian Muslims the right of self-determination, Islam was

the foundation of their claims for a separate nationhood

and, consequently, separate statehood. 3 For that reason,

after Muhammad Ali Jinnah(1876-1948) left the Congress

Party and the Indian nationalist movement in 1932, he

turned to Muslim separatism and nationalism, sharing

Iqbal's concern for the future of Muslims at the hands of a

Hindu majority. Jinnah consciously turned to religion as a

primary tool in the mass politicization of Muslims in the

subcontinent. Religious language, symbols and slogans,

became an integral part of the Muslim League's political

ideology and rhetoric. Local religious leaders and mosques

played an important role in bringing the mass of Muslim

peasants and artisans into the Pakistan movement.

By 1940 the Muslim League, with its popular appeal

to Islam, emerged as the major Muslim political party,

displacing competing Muslim organizations, Jinnah

developed the existing "Two Nation Theory" in which he

argued that Islam and Hinduism were two separate and

distinct cultures. Jinnah espoused a theory of religiocultural

nationalism which maintained that, despite

1. lbid.

2. Manzooruddin Ahmed, "The Political Role of the 'Ulama in the Indo

Pakistan Sub-continent", Islamic Studies, vol. VI, no. 4, (December,

967), p. 332.

3. Ahmed, Pakistan: The Emerging. op. cit., p. 83.


Centuries of coexistence, there had never been a single

nation in India but instead many nationalities and peoples.

While Hindus and Muslims lived side by side, they neither

“intermarry not inter-dine together… they belong to two

different civilizations which are based on conflicting ideas

and conceptions. Their aspects on life and of life are

different…they are different and distinct social orders, and

it is a dream that the Hindus and Muslims can ever evolve

a common nationality”. 1

For Iqbal and Jinnah, the religious reformer and the

secular politician, the path of national independence had

shifted from a united India to a separate Muslim state. On

March 20, 1940, the Muslim League held its annual

meeting and passed a resolution calling for the creation of

Muslim states in the northwest and eastern

(Bengal)Muslim majority areas. By 1947 Pakistan was

established as a Muslim ation state, encompassing the

areas of present day Pakistan and Bangladesh. After

Pakistan was established we also witness that during the

course of constitution-making in Pakistan, the religious

elites led by Maulana Abu Ala Maududi(1903 1979)

demanded an Islamic state based on the principles of the

Qur'an and the Sunnah. 2 The new state was declared to

be an Islamic Republic of Pakistan and a new formula of

Divine sovereignty was inserted in the Preamble of the

Constitution as a compromise between the Islamists and

the liberal-reformist leaders. 3 The authors of the

constitution adopted the concept of the Shari'ah-state as

a model for Pakistan. In order to assert the universal

implications of the Islamic state ideal, the constitution

1. Jamiluddin Ahmad, etc, Speeches and Writings of Mr. Jinnah.

(Lahore: Muhammad Ashraf, 1952), p. 177.

2. Ahmed, "The Political Role", op. cit., pp. 331-332.

3. Manzooruddin Ahmed, "Islamic Aspects of the New Constitution of

Pakistan", Islamic Studies. vol. II, no. 2, June, 1963, pp. 250-251.

Chapter Ten 137

Further provided that the new state would promote, as a

matter of policy the strengthening of the bonds of unity

among Muslims states. 1 In this manner, the obvious

contradiction between universal-character of the Islamic

state ideal and territoriality of the new state was resolved.

The above elaboration revealed to us that as in

many other parts of the Muslim world, Islam played an

important role in the modern political development of the

subcontinent. Its vitality was witnessed in the Indian

nationalist movement and, in particular, the use of Islam

to legitimize Muslim nationalism which led to the creation

of Pakistan as a modern nation based upon Indian

Muslims' common Islamic identity and cultural heritage.

So the evolution of nationalism in the Muslim world

provides forceful examples of the role of Islam in mass

mobilization and sociopolitical change. Given the centuries

long history of Islamic power as well as its continued

presence and strength in the lives of the Muslim masses,

Islam played an important role in Muslim reaction and

response to Western imperialism. It inspired the

development of Islamic modernism and contributed to

Muslim independence and nationalist movements. Thus,

Islam and nationalism intersect in the nature and function

of leadership which lead into the nationalist movements as

well as in the construction of ideologies of transition. The

Islamic theory of international relations centres around

the Quranic concept of Ummah. The word Ummah

appears sixty-four times in the Qur'an. The primary

meaning of the word, as Muhammad Asad states, is "a

group of living beings having certain characteristics or

circumstances in common”. 2 The word Ummah is used in

the Qur'an in more than one way: to connote excellence,

1. Ibid.

2. Taken from Abdullah Ahsan, The Organisation of the Islamic

Conference. (Washington: The International Institute of Islamic Thought,

1985), p.2


way, length of time, a group and a people. 1 Islam

envisages and international order which is a

commonwealth of nations and which accepts racial

diversity and ever-changing geographical demarcations

only for facility of reference and not to limit the social

horizon of its members. The Qur'an says which means:

"Mankind! We created you from a single(pair) of a male

and a female, and made you into nations and tribes that

ye may know each other, not that ye may despise(each

other) verily. The most honored of you in the sight of God

is (he who is) most righteous of you. And God has full

knowledge and is well-acquainted(with all things)". 2

Commenting on this verse, A.Yusuf Ali, the

commentator of the Holy Qur'an writes that the

designation of mankind into tribes, races and nations are

convenient labels by which we may know certain differing

characteristics. Before God, they are all one and most

honour is given to the one who is most righteous. 3 This

concept of Ummah was elaborated by Muhammad

Iqbal(1873-1938 A.D.) when the Islamic World stretched

from Senegal to Acheh Sumatra in the South East Asia.

The original idea of Ummah during the Prophet's period

and his immediate four successors could not be applicable

to the twentieth-century world of Islam consisting of so

many national states.

1. For different uses of the term Ummah, see the following verses in the

Qur'an: Chapters 16:120; 42:8; 43:23; 13:45; 11:8; 7:159; 7:164;

28:23; 3:104; 16:92; 23:34; 35:24; 2:134; and 23:52. These

references are given in Abdul Hamid A.Abu Sulayman, The Islamic Theory

of International Relations: New Directions for Islamic Methodology and

Thought. (Washington: International Institute of Islamic Thought, 1987).

2. Al-Qur'an, 49:13.

3. A. Yusuf Ali, The Meaning of the Glorious Qur'an. (Cairo: Dar al-Kitab

al-Misr, 1976), vol. 2, p. 1677.

Chapter Ten 139

The question here is does the concept of nationalism

or the nation state conflict with the universality and unity

of the Islamic community? According to Iqbal, Islam

stresses the fact that religion is not national, racial or

personal, but purely human. Territory as geographical

concept does not come in conflict with Islam. In the

Qur'an, the term Ummah is used instead of Qawm,

which means nation, because whereas "many nations can

belong to a community of faith, a nation does not

necessarily include a community... being non racial, nonlinguistic

and non-territorial, Islam furnishes a model for

human unity".

Finally, Iqbal says "by accepting nationalism, the

Muslim states cannot cease to be Islamic because so long

as the Muslims believe in the unity of God(Tawhid) and

the prophet-hood of Muhammad(P.B.H.U.), they do not

step out the fold of Islam...uniform spiritual atmosphere

in the world of Islam would facilitate the political union' of

Muslim states". 1

The view of compatibility between the Islamic

concept of Ummah and nationalism or modern nation

states is, however, opposed by many Muslim scholars. Dr

Ali Muhammad Naqavi, for instance, holds the view that

Islam and nationalism are two opposite poles:

"Nationalism and Islam have two opposite ideologies,

schools and ideas and independent goals and programs". 2

1. Sir Muhammad Iqbal's concepts of Islamic Universality and Modern

Muslim Nation States were Muslim Nation States were eloquently

explained by his son Dr. Javid in a paper entitled "Islam, Pakistan, Iran

and Gulf States" given at International Conference. Bellago Conference

Centre, Lake Como, Italy, 13-18 August 1985.

2. Ali Muhammad Nagavi, Islam and Nationalism. (Tehran: Propagation

Organization, 1924), parts 7 and 8.


With the vast demographic and geographical

expansion of the world of Islam, we must find a broader

and more dynamic concept of the Ummah. Under the

prevailing international new world order and liquidation of

the European colonial empires, giving rise to a large

number of Afro-Asian independent countries, the classical

concept if Ummah is not a working proposition. As the

Qur'an lays down so much scope for the meaning and

connotation of the of the Ummah it must be adjusted to

the dynamics Concept of the contemporary new world

order. How should Muslims today strive to attain the

Islamic new world order? In this age of nuclear weapons,

of modern world, Islam can contribute greatly to world

peace by upholding its broad principles of universal

brotherhood and tolerance. The newly independent Muslim

countries of the contemporary world need not look to the

West for their progress development and modernization.

Islam can meet the emerging challenges and

requirements of modern science and technology. The new

national Muslim countries cannot, however, make any

progress, individually or collectively, unless they are

united. The basis of the unity for the Muslim countries

must be only one factor, that is Islamic ideology.

The Islamic Ummah of today must have the same

source of inspiration and guidance as laid down in the

Qur'an and as practised by the Prophet

Muhammad(P.B.U.H.), Those broad and flexible principles

are as applicable today as they were fourteen centuries

ago. But in order to meet the challenges and requirements

of the modern age, Islamic ideology must be given

dynamic interpretation. There is no difficulty in achieving

this objective because Islam is a dynamic force capable of

proper interpretation and adjustments without sacrificing

the fundamental principles of the Qur'an. The

fundamentals are broad and universal. The Qur'an was

not meant for any particular age or a particular country or

Chapter Ten 141

group of countries. We have a broad vision which the

Muslim scholar must interpret adequately by using

Ijtihad and Ijma’(individual judgement and consensus).

The step in the revival of Islam as a factor in the new

world order is unity among the newly independent

countries of the world of Islam. The unifying bond is an

ideology which can enable us to establish a model

international order, and history shows that such an order

was established in the early days of Islam. If the modern

generation doubts the efficacy of Islam, that is due to the

lack of appreciation of the universal applicability of the

Quranic teaching and a lack of knowledge of Islamic

history. The remedy lies in acquainting oneself with the

principles of Islam and with Islamic history and not in

discarding them.

CONCLUSION

The birth and development of all political institutions is

basically a product of human political thoughts and actions;

and the creation of the Medina state, similarly, was the

product of the Prophet Muhammad’s concepts of the

Islamic community combined with social and political

interactions between him and his followers. This Medina

state which was regarded as the first Islamic state by the

Muslim Ummah was based on a formal and legal political

organization. Prophet Muhammad (P.B.U.H.) succeeded in

spreading the teaching of Islam, planting the seed of a

new civilization, and advancing his political career by

establishing a new state. As S.D. Goiten states: "Prophet

Muhammad(P.B.U.H.), even in Mecca, conceived of the

religious community as a socio-political unit in the

astonishing fact that soon after his arrival at Medina, he

was able to organize the whole population of the town,

Muslim and non-Muslims, as a body-politic called

Ummah". 1

It seems that one of the major achievements of the

Prophets leadership was the transformation of the divided

and pre-Islamic society of Arabia into a cohesive and

1. S.D. Goiten, Studies in Islamic History and Institutions. (Leiden:

E.J. Brill, 1966), p. 128.


Progressive social order. He succeeded in creating a

political system with economic and social ideal that were

uniquely Islamic. The main purpose of this new political

set up and the state of Medina was to establish and

develop a well balanced system of social justice and

equity as set forth in the Qur’an. Since the state and

government of Medina was based on the revelations

received by the Prophet, he taught his followers (Muslim

Ummah) the principle of Islamic political doctrine which

propagated that the political power of the state in Islam

derives from two sources: the Shari'ah (Islamic law), and

the Ummah (Community). 1

The Shari'ah as a system of law provides the

legitimate foundation on which the state in Islam is

constructed, maintained, and operated. However, the

interpretation and preservation of the Shari'ah resides

with the community. Since the Shari'ah also places much

concern for the community, the Islamic political thought is

identified and concerned with the community, this is

because the subject matter has no other land except the

welfare of man. 2 “The Muslim Ummah also were the

vicegerent of God, 3 as the vicegerent, the Ummah are

held all the things in trust for Him. As vicegerents the

Ummah are not left completely helpless outside the scope

of the law, upon them are bestowed fundamental rights to

exercise power and exert influence to shape the form of

the law according to prevailing needs. Public opinion or

Ijma' (consensus of the community) as a source of law

endows the community as a whole with political

1. William Montgomery Watt, Muhammad at Medina. (London: Oxford

University Press, 1956), p. 149.

2. Muhammad Zaki Fadil, Foundations of Arabic-Islamic Political

Thought. (Baghdad: Ministry of Culture and Guidance, 1964), p. 11. See

also Shwikar I. Elwan, Constitutional Democracy and Islam: A

Comparative Study. (U.S.A.: Emory University, 1971), p. 59.

3. Al-Qur'an, XXIIV:40.

Conclusion 145

sovereignty in their own right”. 1 The exercise of such a

right is quite evident in Muslim historical records. It was

upon such a right and exercise of Ijma’ that Muslims

decided to elect Abu Bakr al-Siddiq as the first Caliph, the

successor of the Prophet. 2

Owing to the fact that the final interpretation of law

and its application and administration were left in human

hands, a wide range of legal authority was bestowed upon

the individual. The importance of Islamic law and its role

in the Islamic political structure as well as the significance

of the Muslim community in the body politic are very well

described by Rosenthal as follows: "Islam as a way of life

expresses itself in the Shari'ah, the revealed law based

upon the Qur'an, the Sunnah of the Prophet and the

hadith, the body of authentic traditions. The authoritative

interpretation of the Shari'ah is contained in the Fiqh,

arrived at by the Ijma' of the jurists as the authoritative

representatives of Jama'ah, the Muslim community". 3

The Shari'ah, therefore, provides a wide scope and

large basis for the political structure of the Islamic society.

It likewise prepares a fundamental frame of reference as a

constitutional law for both the rulers and the ruled. Then,

it is quite rational that the concept of legitimacy of

political authority in Islam rests on the the Ummah. The

Muslims as the vicegerents of God have to elect some

trustworthy man from among themselves to administer

the polity. The ruler is thus not only responsible to God for

his acts but also to the members of the Ummah as well.

This also makes it clear that rule in Islam is not hereditary.

1. Bashir al-Din, "Political Theory of Islam", Islamic Culture. Pakistan, vol.

8, (March, 1934), p. 598.

2. H.A.R. Gibb, Law in the Middle East. (Washington D.C.: The Middle East

Institute, 1955), p. 4.

3. E.I.J. Rosenthal, "Some Aspects of Islamic Political Thought", Islamic

Culture. Vol. 22, (January, 1948), p. 1.


To conclude we can say that the attribution of

ultimate sovereignty to God is to practical significance

until human agency is identified that can authoritatively

interpret God’s decrees. This agency is the Shura(An

Islamic Political Representation). In the classical Islamic

state men of supreme talent around the rulers aided and

advised the rulers in interpreting and applying the laws

governing the relationship between individuals and state,

on the one hand, and between God and individuals, on the

other. The rulers not only held themselves responsible to

God but to the people as well.

Then, immediate sovereignty, therefore, belonged to

the Ummah that determined legitimacy of political

authority. Thus from the very beginning the principle was

established that rulers should derive their authority from

the community and that their authority is legitimate as

long as they perform their functions within the limits

prescribed by the Shari'ah. This also establishes the fact

that the state in Islam derives its sanction from the

Ummah and that it is democratic in nature, although

democracy may take different forms according to the

circumstances and conditions prevailing at a given time

and space.

It is a fact that participation of the masses in the

affairs of government through direct or indirect ways

plays a vital role in the social stability and political

development of any society. However, Islamic history has

shows that the murder of Uthman Ibn 'Affan was set back

political development, and the death of Caliph 'ALi Ibn Abi

Talib led the legitimacy of political authority to be

determined by force and not by the naturals of mutual

trust, confidence and consultation.

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INDEXES

Abbasid 7,106

Abd Allah Ibn al-Arqat 107

‘Abd Allah Ibn 107

‘Abdul 122, 132, 133

Abetration 45

Absolute 46, 48, 50

Absolute obligation 44

Absolute authority 45,47

Absolute political power 48

Absolute right 45

Absolutism 37

Abu Bakr al-Siddiq 35, 41, 66, 69, 107, 145

Abu Faris 58

Abu Hanifah 116

Abu Yusuf 94,97,98

Abyassinian 19, 46

Academic world 127

Accountability 81

Agnatic 112

Ahad 121

Ahad hadith 122

Ahl al-Dar al-Islam 94


Abh al-Dhimmah 94, 96

‘Abl al-Hai Wa al-Aqd 67,71

Abl a-Kitab 93, 94

Abl al-Shura 68, 71

Al-’Adal 129

Al-’Abd 94

Al-’Aqqad 115

Al-Aman 94

Al-Amr 33

Albani 121

Ali Ibn Abi Talib 123, 146

Ali-Indian Muslim League 135

Allegiance 131

Amana 39

Ambassador 102

American Revolution 128

Analogy 60, 91, 107

Ancient Law 112

Andalusi 116

Annulment 33

Ansar 18, 20, 80

Ansari 58, 66, 70, 115

‘Aqd tawkil Sarih 85

Arab countries 129

Arab nationalism 133

Arab nation 129

Arab unity 129

Aristotelian 13

Aristotelian concept 13

Aristotle 92

Aspiration 82

Assembly 68

Association 9, 43

Attitude of mind 127

Audah 62, 94

Indexes 161

‘Aus 65

Authentic 98

Authentic tradition 45

Athenticity 122

Authoritative 98

Authoritative representative 149

Authoritative sources 38

Authority 16, 17, 19, 31, 33, 34, 35,

36, 37, 38, 39, 40, 44, 45.

50, 51, 52, 53, 54, 87, 91.

101, 102, 103, 104, 105,

111, 112, 126, 130, 146

‘Awf 106

Al-Baghdadi 56, 77

Al-Babi 113

Badawi 61

Bay’ah 19, 20, 68, 71, 118, 119

120

Bayah al-’Aqabah 19, 118

Bible 93

Body politic 22, 33, 36, 57, 143, 145

Boule 55

British empire 134

Broader interest 90

Brotherhood 21

Bureaucracy 82

Bureaucratic 126

Burges 44

Byzantium 121

Cabinet miniter 103

Caliph 66, 71, 76, 94, 98, 104,

109, 121, 123, 145


Caliphate 80, 99, 131, 132

Campaign activity 88

Campaign communication 88

Campaign financing 89

Campaign rhetoric 88

Candidates 86, 89, 90, 91

Canon Law 104

Canonical jurisprudence 5

Cardinal Principles 111

Central authority 21

Century 104

Chief executive 63

Christian Institution 112

Civil society 48

Classical Muslim Scholar 116

Collective judgement 23

Collective life 114

Common citizen 63

Common goal 128

Common interest 58

Common Leader 129

Common nationality 136

Common ties 129

Common Wealth of Nation 138

Community 12, 36, 38

Companion 56, 58

Congress party 135

Consensus 141

Conservative ulama 133

Constitution 49, 83, 108

Constitutional obligation 103

Constitutional arrangement 96

Constitutional authority 99

Constitutional clause 85

Constitutional democracy 81

Indexes 163

Constitutional fact 100

Constitutional formula 85

Constitutional law 36, 51, 53, 145

Constitutional method 85

Constitutional principles 87

Constitutional protection 100

Constitutional rules 88, 122

Constitutional safeguard 108

Constitutional status 115

Constitutional terminology 17

Constitutional theory 9

Consultation 63, 85

Consultative method 57

Contemporary New World Order 140

Contemporary World 140

Council 55, 56

Counsel 55, 56, 114

Cultural heritage 130, 137

Cultural values 49

Al-Damam 94

Al-Duri 58, 64, 103, 108

Dakwah 19

Dawlah 17

De facto 50

De jure 50

Decision making 122

Decision making power 64

Decision making process 63, 107, 123

Deity 47

Delegation 75

Democracy 9, 42, 49, 54, 78, 79,

146

Democratic formula 57

Democratic government 54


Democratic institution 9

Democratic spirit 77

Democratic system 79

Democratic value 83

Demographic 40

Dhimmah 94, 96, 99

Dhimmi 105, 109

Dilemma 108

Divine degree 113

Divine Law 108, 116

Divine revelation 113

Divine right 48

Divine sovereignty 47, 136

Divine-oriented 1

Document 107

Domestic policies 50

Double-talk 88

Durable 106

Dwelling values 128

Dynamic Force 140

Dynamic Principle 128

Dynamic interpretation 140

Dynastic 46, 47

English Common Law 112

Ekklesia 55

Elders council 55

Election 85, 86, 87

Electorate 91

Eligibility 10, 93, 103, 109, 111,

115, 117, 123, 124

Employment 115

Equal obligation 117

Equal representation 117

Equal right 114

Indexes 165

Equality 52, 71, 98, 97, 101, 116

117

Egyptian nationalism 133

Estatism 49

Ethical boundaries 87

Ethical ideal 134

Ethical limit 88

Ethic reference 129

Eubolia 55

Eugen Lemberg 128

European colonization 131

European history 126

European legal code 131

European powers 131

European rule 133

Executive power 57, 102

Falasifa 5

Fallibility 70

Farabi 14

Feminine nature 115

Fiqh 5, 6, 36, 145

Foreign relation 50

Foreign rule 134

French Revolution 32, 125, 128

Freedom of expression 78, 79

Freedom of religion 97

Fundamental principles 83, 110

Fundamental rights 144

General problem 105

General sense 129

General will 130

Geographical concept 130

Geographical demarcations 138


Geographical expansion 140

Ghazali 6

Goal-oriented 4

Government apparatus 12

Governmental affairs 116

Governmental authority 13

Governmental control 123

Governmental power 12

Governing authority 17

Governor 105

Grotius 44

Al-Hizb 77, 78

Al-Hukm 33

Hadith 19, 25, 36, 39, 68, 77, 86,

88, 99, 121, 122, 145

Hamidullah 92, 100, 101, 106, 107,

116

Hanbolic 90

Hijrah 118

Hindu majority 135

Historical development 126

Historical event 120

Hizb Allah 78

House of Representation 58

Hudaibiyyah treaty 118, 119

Hujjah 69

Human agencies 36, 37, 99

Human association 13

Human cooperation 16

Human institution 9, 43

Human Knowledge 85, 86

Human nature 114

Human Political Thoughts 143

Human right 104

Indexes 167

Human society 48, 50

Huwaidi 104, 105

Hypocrite 88

Ibn ‘Abbas 113

Ibn ‘Arabi 58

Ibn Hajar 116

Ibn Hanbal 79

Ibn Hazm 59, 60, 98, 226

Ibn Hisham 118

Ibn Kathir 65

Ibn Khaldun 15, 16, 40

Ibn Taimiyyah 14, 15, 37, 39, 56, 68

Ideological redefinition 131

Ideology 105

Ijma’ 23, 35, 36, 69, 144, 145

Ijtihad 108, 116, 141

Ijtima’ 14

Imam 37

Imam al-Shafi’I 60, 79

Imam Malik 79

Imanah 37, 39, 40

Immediate sovereignty 146

Inalienable 46, 50

Independence movement 131

Indian Nationality 135

Indivisible 46, 50

Indian Nationalist Movement 135, 137

Indoctrination 130

Infallibility 56

Insurmountable 108

Institutional link 81

Institutional structure 125

Institutions 11

Institutions of government 12


Integrative ideology 128

Internal affairs 99

International advocation 109

International context 43

International Law 8, 17

International new order 140

International order 138, 141

International phenomena 55

International politic 32

International relation 43, 137

Intricate 107

Islamic belief 49

Islamic community 21, 22, 32, 48, 96, 133,

139, 143

Islamic constitutional theory 9, 85, 87

Islamic court 89

Islamic credential 83

Islamic government system 79

Islamic government 6, 132

Islamic history 2, 32, 41, 58, 81, 107,

116, 118, 123, 141, 146

Islamic ideal 26

Islamic identity 137

Islamic ideology 1, 140

Islamic jurisprudence 123

Islamic law 36, 90, 132

Islamic legal principle 107

Islamic legal tradition 114

Islamic modernist 131

Islamic nationality 94

Islamic nationalism 133, 135

Islamic new world order 140

Islamic Perspective 73

Islamic philosophical 5

Islamic Political Structure 145

Indexes 169

Islamic Political Theology 47

Islamic Political doctrine 34, 37, 144

Islamic Political system 1, 46, 79, 132

Islamic Political theory 8. . 43, 46

Islamic Political thought 5, 24, 73, 84, 144

Islamic Political representation 146

Islamic Polity 77

Islamic progressive thinkers 133

Islamic reform 132

Islamic Republic Pakistan 136

Islamic Republic Party 80

Islamic school of thought 12

Islamic sciences 5

Islamic social order 134

Islamic societies 7, 12, 36, 50

Islamic society 145

Islamic Solidarity 134

Islamic state 8, 17, 18, 21, 26, 27, 29,

35, 57, 69, 71, 76, 88, 89,

93, 94, 95, 97, 98, 99,

100, 102, 104, 105, 106,

108, 116, 136, 137, 143,

146

Islamic system 12

Islamic Terminology 49

Islamic theology 2

Islamic theory 16

Islamic Ummah 132

Islamic world 131, 134, 138

Isnad 121

Al-Jinsiyah al-Islamiyyah 94

Jahiliyyah 34

Jama’ah 14, 36

Jama’at al-Islami 80


Indexes 171


Indexes 173


Indexes 175


Indexes 177


Indexes 179


Indexes 181


Indexes 183


POLITICAL

SYSTEM

Of ISLAM

DR. LUKMAN THAIB

“Political system of Islam” explains that Political Science in Islam is

not an independent discipline, but it is a part of its religious teaching.

According to the Islam ideology the root and origin of all social and

political institutions including the government are derived from religion.

But the government was in no way superior to other institutions derived

from the doctrines, nor was it in any sense more secular.

In the past, the questions related to theories of governance(siyasah)

of the community fell within the province of canonical jurisprudence(alfigh).

In order the political life may be regulated for the well-being of all, a

restraining Law and ruler are required. Without certain principles of order

and stability, no sisayah can be said to exist. Law in general and religious

Law in particular, is an dispensable conditions for the emergence of a true

sisayah.

The highest form of sisayah is the Sisayah al-Shar’iyyah or Sisayah

al-Nabawiyyah which guarantees stability ans prosperity in this world and

salvation in the next. The temporal and the spiritual are intertwined.

Without religion(al-Din), the World(al-Dunya) would be miserable, and

without al-Dunya, religion(al-Din) would be impossible and God’s purpose

unrealizable. According to Muhammad Umarah: “The discussion in Islamic

political thought (Sisayah al-Shar’iyyah) on “divine rights” means the

“right of the society” and the discussions on “God’s jurisdictions and its

domain” actually means in political terms, “the jurisdictions and its

domain” actually means, in political terms. “the jurisdiction of the nations

and its domain”. There is no contradiction here in the fact that the domain

belongs to God but political jurisdiction and Government in Islam society

lay in the hands of Muslim people”.

Lukman Thaib received his early education in Acheh and graduated

with Lsc from Tripoly and Master of Arts from University of Malaya. Later

he obtained a Ph.D in Islamic Political Thought from the National

University of Malaysia. He is the author of Iman in Islam, Al-Shura Under

the Pious Caliphs, The Islamic Polity and Leadership, and several other

articles on the Islamic Political Thought.

DrLukman

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