Islamic legislation has introduced basic
principles and general rules in political matters which act as the basis upon
which the Islamic State is built. The ruler of the Muslim State executes and
implements the commands of Allah (s.w.t.).
Allah
(s.w.t.) says:
Do
they then seek the judgment of (the days of) Ignorance? And who is
better in judgment than Allah for a people who have firm Faith. [5:50]
The
ruler of the Islamic country is, in fact, a deputy over the Ummah, which
obliges him to implement the following:
To do
everything in his ability to implement the legislations and laws of Allah, and
to provide honest, honorable ways of living for the nation, to safeguard the
Religion, security, lives, and wealth. The Prophet (s.a.w.) said:
“No
slave of Allah is made to look after some affairs of the Muslims and fails to
be true and sincere in it, except that he will not smell the scent of the
Paradise.” [al-Bukhari]
The
ruler of the Islamic State must have the necessary characteristics, as
described by Umar b. al-Khattab (r.t.a) when he said to his Companions: “Show me a man whom I can
assign to take care of certain affairs of the Muslims which are of concern to
me.” They replied: “Abdur-Rahman ibn ‘Auf. ” He said: “He is weak.”
They mentioned another man and he said, “I have no need of him.” They
then asked, “What type of person do you want?” He said: “I want a man who,
if he is their leader, he behaves as if he was one of them, and if he is not
their leader, he appears as if he were.” They said: “No one else is more
suitable than Ar-Rabee‘ah ibn ul-Haarith.” ‘Umar said: “You
have spoken the truth,” and he appointed him.
The
ruler must not appoint anyone over the Muslims who is not fit for the post or
trust. He should not favor a friend or a relative over a worthy candidate for a
certain post. The Prophet (s.a.w.) said:
“No
slave is given responsibility over some people and dies in a state in which he
is treacherous to them, except that Allah forbids him from Paradise.” [Muslim]
The
aforementioned rules and principles are characterized by the following:
*They are divine, ordained by Allah and in their light all are
considered equal…the ruler and the ruled, the rich and the poor, the noble and
ignoble, the black and white - no one, no matter how high-ranking he is, is
allowed to violate them or pass laws that contradict them.
Allah (s.w.t.) says:
It is not for a believer, man or woman, when Allah and His
Messenger have decreed a matter that they should have any option in their
decision. And whoever disobeys Allah and His Messenger, he has indeed strayed
in a plain error. [33:36]
* All are
required to abide, respect, and implement these rules and principles; both the
ruler and the ruled. Allah () says:
The only saying of the faithful believers, when they are
called to Allah and His Messenger, to judge between them, is that they say: ‘We
hear and we obey.’ And such are the successful ones (who will live forever
in Paradise). [24:51]
In Islam, no man
has absolute power; including the ruler for his powers are restricted by the
limits set by the Islamic legislation; if he opposes them, people must disobey
him and follow the truth. The Prophet (s.a.w.) said:
“It
is obligatory upon a Muslim to listen and obey (the authority) in those things which he likes or does not,
except if he is commanded to do something sinful. If he is commanded to do a
sinful act, then do not hear or obey.” [al-Bukhari]
*Mutual
consultation…the political system in Islam is built upon this. Allah () says:
And those who answer the Call of their Lord, and establish the
Prayer, and who (conduct) their affairs by mutual
consultation, and who spend of what We have bestowed on them. [42:38]
Allah (s.w.t.) also says:
And
by the Mercy of Allah, you dealt with them gently. And had you been severe and
harsh hearted, they would have broken away from about you; so pass over (their faults), and ask (Allah’s) Forgiveness for
them; and consult them in the affairs. [3:159]
In the first verse, Allah associates mutual consultation with
prayers, which is the backbone of Islam. This indicates the importance of
mutual consultation in Islam in all matters that concern the Ummah (nation).
The people of knowledge should be consulted in these matters. At the end of the
first ayah, Allah (s.w.t.) praises the Believers in general because they
mutually consult one another in all their matters.
In the second ayah, Allah (s.w.t.) orders His Messenger, who was the Head of State, to mutually
consult his Companions in matters that are of common interest to the Ummah (nation)
if no apparent ruling was revealed concerning it. There is no mutual
consultation in matters which have a ruling in Shari'ah.
The Prophet (s.a.w.) said:
"No
people mutually consult, except they would be guided to the best matter. The Messenger of Allah (s.a.w.) then recited: and who conduct their affairs by mutual
consultation." [al-Adab al-Mufrad]
Scholars have stated the obligation for the ruler to consult
the people in matters relating to their interests. If he neglects their
consultation, the people are required to demand it in order to say their word
and give their opinion.
This is based on the above-mentioned verses, and because the
Religion of Islam considers the ruler a deputy who is responsible to perform
what was delegated to him. Thus the people are required to monitor the ruler’s
implementation of the Law.
Islam gives all people the freedom to voice their opinion and
criticize in the manner they deem appropriate, in accordance to the principles
set by the Religion. They should not do so in a manner which causes disruption.
The Prophet (s.a.w.) said:
“Indeed
the best Jihad is to utter a word of justice before a tyrannical ruler”
[Abu Dawood & ibn Majaah]
Abu Bakr, the first
Caliph of Islam, addressed the people saying:
“O
people! I have been appointed as your ruler though I am not the best among you.
So if you find me upon the truth, help me. But if you find me in the wrong,
correct me. Obey me so long as I obey Allah in conducting your affairs.
However, if I disobey Him I have no claim to your obedience.”
‘Umar ibn ul-Khattab, the
second Caliph, stood on the pulpit one day and addressed people saying: “O
people! If you find that I have fallen into corruption… then straighten me.” A
Bedouin rose from amongst the people and said: “By Allah! If we find you
crooked, we will straighten it with our swords,” yet ‘Umar did not
get angry or harbor malice towards him. He only raised his hands towards the
heaven and said: “Praise be to Allah Who has made among our nation a person
who is able to correct the crookedness of ‘Umar.”
The ruler is even
called to account and questioned. Once, ‘Umar addressed people while
having a two-piece dress on. When he said: “O people! Listen and obey,” a
man stood up and said: “We will not listen nor obey! ‘Umar () asked: “And why is that?” The
man answered: “Because you have a two-piece dress while we only have a
single piece one (he had allocated one dress for each Muslim).” ‘Umar
at once called out in his loudest voice:
“Abdullah
ibn ‘Umar (his son)! Tell them!” Abdullah
said: “It is my dress which I gave to him.” The man then said: “Now
we will listen and obey.”
Thus
Islam preserves the rights and freedoms of both society and the individual.
It safeguards the sources of legislation from the whims and desires of
legislators, since they shape their legislations with personal or regional
needs and circumstances.
The
Islamic legislation does not discuss other minute details of government. This
aims to leave the door open for Muslims to lay down proper rules and
regulations that suit their specific conditions and serve their best interest
in any specific place and time, provided such rules and regulations do not
contradict the principles and fundamentals of Islam.
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