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    Principles State Government Islam PDF

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    of 62
    ther Works by Mabammad Ad ISLAM AT THE CROSSROADS SAUTE AL-BUKHARL: THE EARLY YEARS ‘OF ISLAM ‘THE ROAD TO MECCA. ‘THE MESSAGE OF THE QUR'AN The Principles of State and Government in Islam MUHAMMAD ASAD Islamic Book Trust Kuala Lumpur © Pola Hamid Aan 1980 Ponty 1961 by Unive eft Pes New ion 1980 by ege 3007 ax 60377857706 Ena tt@rrcamyscom AUTHOR'S NOTE Countess ailions of Mustims pray to God five tines a day: "Guide us the stright way-the way of those upon whom Thou ns bestowed Thy Blasings™. Thos, eveyone of them invokes the ‘Creator on behalf ofall men and worn who ae wing to believe in Him—"guide w2"~and noe merely on bell of himself or hee elone: conciowly or unconsciously, « Musi who rei these Words of the opening srah ofthe Quis asking God to ‘show the “straight” or “ight” way to the community ae whole In further analysis, this amounts to praying for guidance not ‘merely inspiral r ethical concerns but le in eveything that ‘etains to the communis practical waye—that is fsa), ite Secial oniguratie and oll behavior. The realization that question of society and pols ae couly connected with spiritual problems and canto, therefor, be lssociated fom what we conceive of ar “religion” it a8 old as sims 1 has lays bee liven the minds of Musi thinkers ‘and in the emotions of the less articlte masses throughout Muslin intory, Indeed, very large part of that history has ‘voived under the impetus of deep-seated longing for the ‘stablsheat of what has been loos, and often confardy, conceived of tthe “Islamic state: « longing which very much in evidence amons the Mosims of our ines, and which i none ‘he es, subject tothe many confatons that have mae he achive ‘ment of al Islami polity imposible in he pst mille. For, tus be clr in our minds on one pat tls there has never exited a tuly Ilmic wate ar the tie of the Prophet tnd of the Medina Caliphate headed bythe Prophet's immediate success, the four Right-Guided Caliphs, ABD Bakr "Umar, "Uthma and Al. That Medina Caliphate was truly Il ia the ie) sense that it filly rected the pristine teachings of both the (Qurtn and the Prophet's Sunnah and was a yet uoburdened by later-daytheoloialecretons and speculations. Whatever forms of state and goverment care it being in Masti countries er that fi, east period were tte, a Tesero iphr eares, by ideological deviations trom the erstwhile simplicity and clarity of slamic Law, or even by outright, deliberate tterpson the part, ‘ofthe rulers conerned to deform and obscure that Law in their Hence, the past thousand yeas or so of Muslim History can fer eno guidaee in oor desire oashieve a pity which would realy dscve the epithet “Islami. Nori he confsion lesened ‘bythe aeacs to which the Muslim world has ben subjected in recent times. Modern Westen mentality doesnot fake kindly endeavous aimed atthe establishment of reipion asthe dominant factor in & community’ of 2 people’ ie; and since Western ivlization, based on superior technology snd sinc devlop- Imeot, undoubtedly dominates the worl today io. both IS “Captalit” and "Marsst” manifestations, it not surpeling ‘that educated Maslims ean only very rarely avid being intend by Westem pot thoupht in ter of it wo Formulations. ‘Ando, the Musins longing fora truly Islamic polity stands today, depte—oe perhaps because ofits intensity. under the sign outer confusion. This confusion manifests il in many wayepot the ast of them being the application ofthe purely Western term and concept of “revolution” to essentially amie movements and gals. Such & misapplication of terms and con: pts dos not help the Mastin to understand what the idea of an Islamic polity really implies: it makes then only more confused, nd mote helplessly dependent om non-slamic pote! thot “There Jam convinced, only one way for us Musins to come ‘ut ofthis confusion: we must Took for pukance to no other fours than the Quen and the Sunnah, and to rly on a0 sviors nore vi authority other than the explicit Word of God and the explicit leaching of His Las Propet. “This was my endeavour twenty years ago, when I wrote “The Principles of State and Government in Ii”. The book was ‘ublsed in 1961 in Engl bythe Universty of California, an ‘as fllowed by Arabic and Urdu tranltions, ‘As the origin Engishanguageeiton has been out of print for many year, Lam now placing i anew before the publi inthe hope that it may contribute something toward elation ofthe yet dream commen to al those to whom "Isami re than fan emply word, as well as towards beter emdertanding of Islami ideology by the non-Muslim Wet~an understanding 50 ‘aly eee i ou tine Tanger, dpi 1980 PREFACE “This book represents 4 development of eas ist et forth in my ‘ay, llc Coston Making, which was pubis in English fad Urdu under the auspices ofthe Goverment ofthe Panjab in March, 1948. [A that ime Iwas Director of the Department of lame Recon- struction a goverment istiton devoted tthe elaboration fhe {nteletal and ecole pinciples which should undef our new society and eur new tate. Among the problems whic peocepied {ne mod intensely was, aterally enough, the question of he future ‘ontitton of Pakistan. The shape whic that constiton should have was thea, a iC now, by no means clear to everybody [Although the people of our country were, for the most pat, n> toed with enhuriaim for he idea of rly Islamic statethat i, A sate Based (in tinction fom aloe existing poll group. ‘mens not onthe concepts of nationality and race but solely on the ideology of Qurtn and Sunnah—they had as yet no coneete ‘rion ofthe methods of government and ofthe tutions wih ‘would pve the sate a dstnetly Talamie character and would, at ‘he same te, uly orespond tothe exigencies of the present age Some element ofthe popsation naively took it for granted ha, in order o be genuinely Islami, the goverment of Pakistan mist ‘be clowely modeled on the forms ofthe early Caliphate, wth an lost dictatorial postion o be accorded to the head ofthe sate, ter conseretim inal act forms (slang & mare of less compete seclusion of women), and a paarhal economy which ‘would dispense wih the complicated Sancial mechanism ofthe ‘weit entry and woud resale alle problems ofthe modern welfare state though te sole instrumental ofthe tax Known a: aki Othertectort-more rain bt perhaps ls intersted in a Tham a5 a formative clement in sci fe—visolind develope ‘ment of Pakistan on lines ndstagushabe fom hove commonly Sccepted a valid and renronble inte parliamentary democracies fof the modern Wet th no more than a oral reference inthe ‘wording ofthe constitution to stam asthe religion ofthe Sat” ‘od, pow, the ertablehment of 4 “Ministry of Reis ‘Afsire” asa concession tthe emotions of the Gverwhelming tunjrty ofthe popation. Twas no ety task to contract bridge between these two caremes, What was needed was the oui of constittion which ‘would be Isami inthe Fl sens of the word and would as take ‘he practi regiments fou in nt consideration: demand that was jase by ur conviction thatthe soca sceme of slam, supplies valld answers to problems of all ines and all tages of ‘human development. Nevertheless, the easing Islamic hteratare ‘fered no guidance in our difteuy. Some Muslin scholars of ‘are centuries especialy ofthe ARBs period—had bequted to us a numberof works onthe political aw of lam; but thir spproach tothe problems bad naturally teen conditioned y the fustng cultural envionment and by the socioplitial reuie= ‘ments oftheir ne, andthe results of thei labore were therfore Inppicableto the eed ofa ami tte in the went en, ‘The avaiable modern Mastin works on the same subject, on the ther haod suered a a rule rom too reat a readiness accept ‘he politcal concepts, institutions, and governmental methods of ‘modern Europe asthe oem 10 which (nthe opinion of these futhrs)& modern Islami tat should confor: an ati whch in many eaves resulted inthe adoption by tees authors of many ‘concept whish were diametrically opposed tothe true demands of sami ideology. ‘Thus, nether the works of our predecessors nr thse of our ‘contemporaries could amish satisactery conceptual basis on Which the ew sate of Pakistan should be bul p. Only one wey ‘emained ope to me: to tra to the original soures of Iamie Law—Qur'in and Sunnah—and to work out on the basis the marice 8 concrete premise of the futre consttution of Pakistan inde- Pendent ofall hat hasbeen writen onthe ube ofthe Itamic Fine. In pursuance ofthis am-and aided by the many years of Hy which I bad previously devoted to the Quis the scence ‘otha o¢ Tradition andthe methodology afighorjurisradence wT eecided to draw the theoretical ovine of ah Islamic cons- {ston on the atength ofthe clearcut pole ljunctions fort ‘coming fiom the Qurhn and from autbeatc abath. While the fundamental principles wadeying tis outline were provided by the Qur, mt ofthe reevant deals and the method of thei. pplication were gained from about seventy sang ofthe Apostle ‘of God bearing on varour soropoial spect othe communi’ Iie, The eat of my endeavors was the abovementioned lengthy ‘sty on samc Continton Making. Owing to pital dvelop- ‘ments which need not be dcussed here, only vey few, i any of ‘ny suggestions have teen tiled in the (now abobihed) Coa stitution of the Islamic Republic of Pakistan: perhaps only in the Preamble, adopted by the Constituent Asembly in 194, can an eco of those suggestions be found. Now, after the unfortunate experiences of the past decade, he problem of Pakistan's consttutlonal fue i til unresolved; and ‘tscems to me, teefore, tata discussion of the principles which ‘ought to unde the consittion of a slamie sate has not out ved its nfs, On the cons, the ver at tat none ofthe ‘exiting Muslim countries has 0 far achive form of goverment ‘at could be termed genuinely Islami makes a continaation ofthe plianee—callilim—is postulated asa onscons, active coor ion of mas desires and behavior withthe ult of ie decreed by the Creator. This demand presupposes that—at last with referee to human Hfe—the cobcepts of “right” and “wrong” ‘ave meanings that do ot change fom cas to exe or from time to tie but rein thee vali for all tines and al condition. Obviously, no definition of righ” and"wrong”arivedat through ‘our speculation an ever posses such teal val frall human. ‘ought is eseaally subjective and, herefore, strongly inBaraced ty the thinkers ime and envconment. Hence, if raly the purpose of religion to guide man toward a coorianion of bis ‘su non Us 3 eses and his behavior with the wil of God, he must be taught {in unmistakable tems how to diferente between good and ev and, comequeny, what odo snd what sotto do. A mee acral fnsracton ia ehlssuch as “love your fellow sen,” “be trth- {fu “put your ttn God" doesnot sf, because itis subject to many contin interpretations. What in neded is precise body of laws which would outiae, however broadly, the woke sphere ofhuman finals aspects—spirtal, phys, individual, ‘cil ecoaomis, and polieal slam fulls this need by means of a Divine Law-ealled shar'ah—wich has boon povided in the ordisaces of the Quan ‘nd supplemented (o, rater, detaed and exemplied) by the Prophet Mubammad in the Body of teachings which we describe ‘sbi mh, or way of fife. rom the viewpoat ofthe belive, the Quin and the Susnah evea ous a conceptually undeestand- sbi segnent of God's allembacig plan of ceation. With rete ace to man, they contin the only avaiable postive indication of. ‘wint God wants ur to be and t do. ‘But He only dete His wil o ut He does ot compel us to behave in the way indated. He gives us freedom of choice. We may if wes dest, wilngy submato His revealed Law and ths, 4 f were, copemte with Him and we may, If we choos, ‘asin Him, docepid His Law, and rk the consequence, However we decide, the responsibilty i ous. It goes without saying that our ability to led an Islamic ife depends on our making the former choi, Nevertees, even if we choose to bey God, we may not always be ale to doi uly: for although ‘obvious tat the innermost purpose of Islamic Law is man's Fighcouses in the individual sense, itis equally obvious that ‘00d del ofthat Law can besome efetve only through a cou- ously eodedinatd effort of many individuals that i, through ‘communal efor. From this it ollows that an individual, bow er well ietioned he may be, cannot possibly mood his private ‘istenoe in accordance wih the demands of alam uns ad wat ‘he socety around hi spree to subject praca alas tothe 4 TATE coven ns AM pattern visualized by Islam. So conscious a codpeaton cannot {te out of mete fact of brotherhood: he concept of brother ood must be translated into positive social ction the “wining of what right and orbiding of what is wrong” (-amB'mae ‘raf wa "nay ‘on almunar)—or, 0 phrase it iferenty, the creation and malatenane of such soil condos as would enable {he retest pose numberof human tings tole ia harmony, freedom, and igiy. Now, it is obvious that antisocial behavior ‘on the part of one prson may make iif for other perrons to realize this ideal; andthe larger the numberof such “rebel.” the greater the difeulty forthe rest. In ether word, the com munis wilignes to cooperate in terms of Isham mst remain [aes theorezl 2 longa there i no wordy power e=posible for enfreing Islamic Law and preventing rebellious behavior—at least in mates of social conern—on te part of any of the com ‘munis members. This responsibility canbe discharged only by 1 eodeinatig apeuey iveed withthe powers of comma (om) ‘nd peohbion (nay): that the state. Tells therefore, hat the organization of an Ishiic state or sates ean indispensable ‘condition of Islamic i inthe tre ens of the word. Wy Not a Sealar® State? ‘Tere is no doubt that counese Musims passionately desire & sociopolitical development on Islamic ies: but thee is also no ‘doubt that nthe mental tina of the moder wordt has become amos animate among many educated people tht religion ought ‘otto interere with politcal fe. And, whe the peiniple of secularism” i automata identified with “progres.” every sugeestion to consid praca polis and sococanomic plan. ‘ing under the aspect of religion is dismissed out of and a5 f= ctionary oat best as “impractical idealism.” Apparent, many educated Mislims share this view todays andin his, asin so many tothe phases of our contemporary Hie, the ifoene of Western ‘ough is unmistakable, For reasons oftheir ova, the people ofthe West have become 1 9 FORE U8 5 appointed with religion Ui eigion), and this dappointment {sete inthe etal, socal and politcal chaos now pervading ‘larg part ofthe world, Inead of brig thei dectsons and ‘tions tothe erierion of moral law—whih she wim sim ‘of every higher elgion—these people have come to reid expe- ney (in the shorcacr, practical consotation of the word) a8 ‘the only obligation to which publi ars should be subjected fand beens the ideas as to what i expedient naturally er in ‘er group, tation, and community, the most Rewidering con fit offtert have some tothe fore inthe polial ed, both ‘atonal and international For, obviously, what appeats to be fexpeient from a purely practal point of view to one group oF ‘ston ned not be cape to another group or ation Ths, tes men subaittrendesvors othe uldtce ofan objective, ‘moral owsdeatio, thir spective itests must clash a sone Polat or other; and te more ey toggle aginst onc another, te Iver their intrest diverge andthe more anagonite become thei eas a fo wha ight and what wrong inthe deaings of Brey, in & moder “cular” state thet eno stable norm by ‘wich t0 judge between good and evi, and between sight and ‘wong. The oly pouible eteion i tbe “ations interes.” But Jn he absence ofan obetesale of moral ales, ferent groups ‘of peple—cven within one mation —may have, and usally do have, Widely divergent views ay fo what constiats the nation’s Bost Interest, Whle a capitalist may quite siaceely believe that lollation wil perbh if economic Ubeaism i superseded by Socialism, a Ssiaist assincerely of the opinion that the ery ‘inteance of civiization depends on the aboiton of eapialine tits supesssion by socialise Both make tei eh ews that so sy, the views as to what shoul and what should nt be done to and with human beings— tmntentive experience Within generation it expanded from the Coniines of Arabia to an enormous damiaion stretching from North ‘xtca deep oto Cental Asa. sate which in the ifeime ofthe Prophet breed only agicurl and pastoral communities with Simple needs and comparatively state problems suddenly became the eir to the mos complicated Byzantine and Sasanan cle ‘tion, Ata ime when amos all te energies ofthe government tad tobe dicted toward milftary consoldation and ensuing the tunimom of adaintrative effleney, nom, staggering problems ttre arng everyday in te sphere’ of plies and economics, ‘Governmental devon had often to be made on the spar ofthe ‘moment and thus of noses, many of them were purely exper- nena. To op a hat rt splendid experiment and to contem pine thieen centuries afer the Right Guided Caliph, te organi Eaton of an Islami state in exactly the same forms, wih exactly the sane insttatons in which ther state was manifested, would hot bean tof tae pity: st Would be, rather, a betrayal ofthe (Companions erative endewvor. They were plone and path- finde, and if we tuly wih to emulate them, we mst tke up their onfished work and contin iin the same creative spi For did tthe Prophet sy, pA al “My Companions ar a tt commited to my community" (Chaper I (GOVERNMENT BY CONSENT AND COUNCIL The Goals ofthe Islamic State “The lnermost purpose ofthe Islamic state i to peovide a poitesl framework for Muslin unity and codperation: i al 6 ea Uh a Ue ale Sal a FE A ee 5) Cl a pal Sa AN dL ety OT pKa Sy Seg ASW AT SD ah oy aT lal) go Eby Sl op Sees Gall arly old fal together, 0 he sop of Go nd 9 ot Sune And remember Ge fave eto ou™=bov, when You er enmity He ted your ears that by Hi vor you tame ten and hom, hen 3ou were om he nk OF an staf fe, He ew ou bak frm Ths God ‘mess mana arto tates fd ans {ndatourafyouay pow acomeani of pop whee cats guy nin wht ee andor wt ron edith aloe tht hl tno eerioing pins “hy arate ot a polo am edn il ut oly scant gal eing the groveh of oman of ope who ‘dp forest, ort and nie wong 0 fut mor py commit peo wo werk for ihe Cretan an mainenc fh aloes weld ene {heer ponte nmi af human bmg fo ve moral as vel phys, in asordane mith the ature Law of Go ihm Ar indigent pee for chan acicenent the dnp oe ron of bthrhood enone he or ‘muni. The Qurane wor, rin ne a1 consent AND count. a Sel Seat UL “othe Fail are but brethren,* have Ben enlarged upon by the Prophet on innumerable occasions walt oi et dat ag ea ot SRE eae a OMSL Se ee ai cies piece iowa ieee: ieee ene cee ceaeh ere Se ree acaeneen See acess asses sets oe aes ibe a eee ores ace eeieesS Sa ee eae eae te Sas ea a ae oo Seer ne ane e eine ale ol SS) A UL ee at path eh al ned Day Chow sh al a) Fal A an sil Jl eo gE vi ie Ab ose US “There are indeod peopl who boast of thee dead ancestors; ‘et inthe sight of God they are more cootempabe than the ‘Mack bee that rolls a pee of dng with its noe Bebo, God has removed from you the arrogance ofthe Time of gece 1 ‘os Min, on he mtoy of ABO Mt, ‘hon be ory taba Alt ‘Ue ‘hr Steel i al vg come ‘ec of Ahi cles ay Cys oss ding ae 2 STARE AND GOVERNMENT HAM Ignorance [shila] witht bas of ances! lorie, Man ‘8 but« God-fearng elsver or an unfortunate sine, Al people are the eles of Adam, and Adam was reid out ofdun.® Nationalism in all ts forms and spas runs counter to the fundamental Ismni princpl ofthe equality ofall mea and mu ‘herfore, be emphatically ruled oat a «posible bass of Musim ‘nity. According to Quen spd Sunnah that uy mas be f an ‘deolgial natore, transcending all considerations of race and ‘ign: totherhood of people bound together by noting but ther consciousness ofa common faith and & common moral ost look. fa the teachings of Islan, i suc a community of isle lone that can provide a jstiabl basso all human groupment; Wheres, on the other hand, the plising of the real or imaginary Interests of o's nation courte above moral consideration hat been condemned by the Prophet athe shares erm: “Hie is not of us who proclaims the cause of ial parsashi ‘andhe snot of ws who febisin the case of tbl parsanship; and eis nt of us who dis inthe cause of iba partisan”? When he was asked by one of his Compaaions to explain the meaing of “ub partisanship” ajbiya), which so obviously places & son out the pale of liam, the Prophet repli, Bt a oo “tt mea] your tping your own peopl in a jst css." Cn another cation he ade ita ove of ene own poole ‘sch canot be dscbed a “Ui partasp lo eds to doing wron to oter groupe” On the other han, ‘AvTimldt and Ab@ DEW, one arty of ASG Hara ‘Rea od, on he aor fab ne hn. ‘Bon be ahrty 9 Wala a ‘Asad antl ao To Miah on ery of Ue he Kae conser Axo coun, 3 Deo ede ds ye J UE AA a> Got) al fo We waa Te Fath a Ge at od as “he Apo of God si Np Jour Bote, be he wrongdoer fr wronped? Thewapen a man icine. “O Aponte of God! Tay tly hi if be wronged; bt how os I he expected) teips wongloc? The Propet anweed "You mst pest Tim fom dong wrong’ tat wil be your pt in Th the penton of injec andthe nba oer ce arth ate ulate objects ofthe soci meas of a oh 9B Sal ye all Wet AL engl Us pF “You arte test commun that has ben sent forth oman {a thalyouesoia ght and forbid wengand have hia God" Ttson ths “enjoin of ight and fori of wrong” thatthe cite vale ofthe Main community abd Mosk Bote cod dene; i withthe eof ties oars line and oe Msn alta coer of an ue ate (rhs ot te plial nstument ta eal) stands ad fale "Tomate he Lawful thew fhe an in order tae nay pelo arane oc an com elon in ch we) thn every ind salve in edo ad gy, and shal fed a fov oc av peel tod ar much esnrtgeest os Posen tbe developacat ois penomlty onal al Main ‘Ren and women fo ei th eal glo aot oa {inet bt athe praca epee ofl eroerete {oa on Mosim eines comple pal seu ts we ‘complet redom of gion, of cate ep of oc development {o dnd te county aghnt tack rom wibout and Sarton from wha nd to propagate the ting of am oe Word ‘lng: a oe plc, ad in hs lone, hat he coe ‘epvofas ionic ate nde temeanig ed jnienion. Weal u STATE AND CovINMRE LAE ines them, the state am rightly be described us “God's vice arent fon carth"at est i that prt ofthe earth which alls wnder is ‘etal jursieton. Suing Principles rom the shar point of view, the legimacy ofan Islami tate— that sts, is elgous claim to a Matin’ loyally and alleance tests onthe fundamental ijunction of the Quen, (Ss ed ta al eT call “0 you Fatal Obey God ad obey the Apo ad thot ia ‘stot tom among you" nthe mane te Qurtn ‘stables several important prncpes eating to the natre of a9 Island ae ‘First The foremost duy of such a sat conse In enforcing the ordinances ofthe share inthe enitories unr juristcion, “This obiation has teen Frter steed i the verse, hl pe a tT ef oe ‘Those who do not jodge by what God has reveled thot indo are the evildoers." Hence, no state can be deemed genuinely nlm nls te constitution contains an enactment to the elt that the laws ofthe shore bearing on matters of pli concern ‘Shall form the inviolable as ofall tate Iegination. I should ike to plat ou that thi tation of tate jordin to “mates of public concern doesnot, of couse, imply that the shrh tse ould ever be similar reacted ints eope—for it undoubtedly Feats tothe whole of man's i, both pablc and private. We Should ot, however, lose sight of the fact tat the state, Beng & Social organization, i concerned exclusively with the soil aspect of human fife and, consequent, requires ofthe sharoh no more than code of ws Bearing on his aspect 2 1 erdnmpcoo repo cota cc av e aper ‘conser An coves. 3s Send: Although sh coe must oe ren base in the suture andthe working o bane stat, ant, by ry ‘tare, spt athe ws ht my Be ee forthe pups of Sinsation. Th, we hve sen, we wl af open {he slr sipulaos rela to mars of pe concen 5) tempor, smendable lave of oir ow makiagon the ude Stndig of couse, tht we way tegen 8 mane hat ‘woul! on ouster th ter oh pt shar Iw for, oa BS IN ay a OL Bae oar “whener Go and is Apostle ave decided a mater, is not fora hf ma or woman fo aoe core oH or et co choice" Consequently, te cositlon most expicly iy down tat 0 temporal epson or administra alg, be \tmandatory or pei, sale ei found ta contovene {ay splat of te sarah Third The Quranic command, “Obey God and obey the vos” imeditely flowed by the wor, “and ose fa futon fom among Joust i, rom among the Maslin communi: which amotais to saemen tat a inoston of ower fom oui the Muslin community cannot be moray Sinng on Min whe, onthe ter tan, obedience 0 4 properly consti sami goverment s+ Mask’ religous Gury. Obed to the government of cone, «prince of ciinnhip rocogind os fundamen nal che communis, but itis import to note at win the cotet of aa amie poly ts duty remains «duty ol 0 fog as the government eesti tos fbi ye share ofr oto which ar ordained by Inch conngcy, obedient foverament ceases to be ining onthe conmuniy, a eeatly Sted by he Poet AUD cape ie P wel Ld pL all Je Uy Qt ab ab oh Ae * owt 336 % stave AN cove SLA “Hearing and obzyng is binding on a Masi, whether he kes cords the orders long ashe is ot ordered to commit sn; but i he is ordered to commit si, there no Hearing and no obeying." In other words, the community's allegiance to “those fn authority fom among yeu" is conditional upon those in uthory ating in obedience to God and His Apostle. From this rnp follows that the community i duty-bound wo supervise the activites ofthe government, oe its consent to right actions, and to withdraw it whenever the goverment deviates fom the pth of pood conduct, ‘Thus, goverment objet to th people's Concent is a mort erential preveqite of an Islamic state ‘Furth; The principe of popular consent presupposes thatthe _overnment a such comes nto existence onthe basis ofthe people's free choice and is fly representative ofthis eoice. This yet ‘another aspect of the Qurnisexpresion “rom among you.” Itreferto the Muli community as whle or, tobe more pei, to. particule body repeating it Ths it follows ha inorder Sty the requirement of sami Law, the leadership ofthe state rust be ofan else natrecontequrls, an asurition of overamental power through noneletive means a ay desertion whatsoever becomes avtomatically, even though the peion or Persons concerned be Muss alga as a imponition of power, by congue, rom outsdethe Musimeommarity ence a om ce Ache ne of Geran the Fn eee Sry ne baat ance eos Wht ‘Ta ts was the eso i Cano wi The apni of he consent AND coun ” ‘The Source of State Sovereignty ‘his brings us to the question (interesting from the viewpoint of poli philosophy) ofthe sures fom which a Isms ate ‘appoted o derive is overegny 4 qurton not neal at "theo: ‘ea as Stmight spear a fet pane ‘To be sue, the individual average cen doesnot, asa rule once insti unduly with speculition as othe "soures of tate sovereignty” 0 long athe instations and he administrative procedure ofthe state have of seem to have favorable eet on fis personal mode of ving and onthe possibilities of his economic advancement. Nevertheless, no historian can deny that the mora ‘ales which the chien atribte ote tat are, inthe long 8, Aecsive forthe survival of spstual authority and tus, uit ‘mately, forthe survival of soil discipline in the widest sense of {he word. No outward poiialform, even the Best of them, ca chev thee bjeatve by themselves Their wsefulness depends, fn the last resort on thelr spttual content; and if thse contents fate defective, the consequener may well be dastroue for the ‘community. Thuy, it Bihly probable tha th centri ack ‘of social dsciptine and eve spit among te Muslin community is largely de othe confusion (in its own tum caused by eis ‘of wafortunate historia developments) regaring the conceptual basi ofthe autowt akeren ia the state a such. Tis eonfsion ‘might perhaps explain the mekness with which the Musims have for centuries submited o every kindof pression and exploitation ‘Obviously she poial emate of ou tine no longer favors such a metk submission to injustice, Under the influence of ‘Wester pital theories, more and more edated Mass ave begun to asset that ultimate sovereignty belogs to “the people,” ‘whose wil alone mast be dekive in the formation ofall state ‘Spe ales econ Prt 08100) Py tare As CoE LSE Insitutions swell asin the scope of curent egation, Even mong those modern Muslim who accept principe the idea of fn Islan tat, there are an eppreciale umber who claim abso- Tate sovereignty forthe "united wil f the people” Im on the base of the Proper’ saying, Be bt eal “Never will God make ay community apres ona wrong cours. ‘Magy Muslin concude from this Tradition that whatever the ‘sommantyor a least the majority within tageeswpon mas, ‘under all eumstane, be the ight couse." But thi concuson ‘getirly ujustied. The above saying ofthe Prophets meat, fot postive. He meant exactly what he sai namely, tat never ‘woul ll Masime perrve a wrong cours and tht ava there ‘ould be persons or groups among them who would dace with ‘he esing once and would int on taking the right course. ‘Therefore, whenever we speak of the “wil ofthe people inthe contest of Islamic pola thoupt, we shoul be earful to avoid ‘what a popular saying deicribes as “erpying the etd with the Tati"—ie ober words, we should not sob for the n-falamic sutoeracy of ovr part senturie the equally unlslamie concept ‘of unresrited sovereignty the part of the community a8 2 whole Tnasmuch a the leptimacy ofan Islamic state ares fom the people's voluntary agreement on particular idole ands, more ‘over, condition! pon thir consent wo the mange in which the Ste administered, one might be empted tos that "sovereignty ese with the people"; but inasmoch atin x consiouly Ime foci the people's consent to particule method of goveramest {nda parca scheme of sociopolical cooperation s but a result of thes having aceped Islam asa Divine Ordnance, tere canbe 1 ‘ur condone talon or teat Romani 0 pp So Dt ie vous of epee the voce Cou whee ae as (Sha Wem Concept of ome conser 199 COUN » no question oftheir being endowed with sverignty tt thelr ow ‘ah The Quoin sys: Se A pH ey atl Sp ot a as eo anaes S $10 Gt ad Si Toa pet sein lene rere erie eer oni arenes entree a ee a somes De eet ine recs eres oan remy trereernrate ars reece ceo eee eS a Sone nena erence eee een eens ene ale ae ferme etree Sern gracias hen aca gal, ee aes ee a Saaremaa Febrero ereareped ede sere acces Smisiee anos eno pak ae tien nee ese arrose saree eas The Head ofthe State ‘Sine the purpose ofan Isami states not “se determinaton” for ‘racial clr entity Bt the establishment of namic Law a ss ourta 3:28 Sitti ion sty of Abs Haya « seaTe 4x cover LA practical proposition in man's ai, its obvious that only 2 ‘erin who bless in the Divine iin of that Lamina word, 1 Monim—may be enrated wih the offer of head of the sae ‘usta there ean be no full Islamic Me without an Islamic state, ‘ho sate can be termed truly Mamie unless its administered by _ropl who canbe supposed to sabatwilingy to the Divine Law otis This piaiple would naturally cause no diely in countries popolted emel o almost emily by Muslims (as, fo instance, Snudi Amaia and Afghanistan). But in those Mastin countries ‘which contain appreciable noo-Msia mioriieand the ma Jory of Mustim counts fall within ths eatgory—the above ‘demand may cause some appreersion inasmuch sit would seem ‘oimply crimination betwen Mosim and non Musi cies. ‘Tobe sure, ths ear of discrimination eats only tthe theory abd oto the pace of govenmeat: fori counties where Musims foom an overwieiing majority (an only these ean justifiably be termed “Muslim countries"), the leadership of the sate autor aay accrct to them. Neverthe, inthe contest of moders polical thought, whichis so strongly infunced by Wester cn cepts and prejudices evena theoretical discrimination onthe prouné ‘ofreigion might be unpaltable to many Muss, not to mention {he noa-Muslin misoriis ving intel mist. One must, here> fore, fankly adit fom the ouset that without a cin amount of difeenation between Musi and non-Mstim tere can be ‘no question of our ever having an Islamic sate or ste in the Sense ensaged in Quetn and Sunnah. Consequealy, 20 re- ‘aration on this subject is ute dishonest with regard to Bom the non-Muslim wort around we and the Mim community “This docs not and cannot mean that we should discriminate against non-Msim czens in the ordinary spheres of ie. On "econrery they mast be accorded all the freedom and protection hich a Muti cin ean legitimately claim: onl they may ot ‘eentrsed wih the key posionafladership. One cannoescape conser Axo Counc, a the Tact tat no non-Musin ctsen—however ret his persona intepy and tis loyalty to the tte—could, on. prychologial rounds, ever be supposed to work whaleheartely for he ieolo- al bjectves of Tam: nor i aioe, could sch demand be fade of him. On the other hand, no ideologal organization (wetter bed on religous or oer decries) ean afford a ets {he Gestion oft afar o perso not proenng its eslogy. Is ‘for instance, concvabl hata on-Communist could be Bea «politcal key postion oot to speak of supreme leadership ofthe suate—in Soviet Rusia? Obvowly not, and Tope 10: for a3 tongs communism supplies the Wolo bas of he sta, only rion who ently themsvs unreservedly with sans ean be Feed upon to tant those ams into term of adnate Poly. The sbore ioing, taken in conjunction with then ordinans, (SAB Set tl al Oey God and obcy the Aponte and thse in autbority fom amon you" eas ws escapably fo the conch that how who fe to weld sopreme author in he amie sate a ae to be ‘espns for the shaping ot pois shoul always be Mains And this ot merely defacto, by vite of thir majo i the country, but abo dere, by vite ofa constitutional enciment Itwe ae resid to make Islam the dominant factor ou es, ‘mst have the mor courage to delare opal tht we are not ‘rpared to cadangr our fare by fling into ie with the Aemands ofthat pris “bea” whisk ees to atte ny importance to mens religious convisons and tat, onthe Contry, the bebe a ma hls arf more important thn the met acelent of Hs ving ben born or Rater in out county. Tis obvious, then thatthe Bead of an lami sat mus be 8 Mosim.Inconsonance withthe principle enuncintedin the Qué, foal at ae (Sst of a STATE AND ODVERNOENT IY LAM “Behold, the noblest of you before God isthe most righteous of. you." he must be chosen on merit aloe; and this precodes any Considerations of rac, fail erg, or previous social stats, The Prophet sa: es a ste ae Ste ol oy tl el “Hear and obey, ven though your ani be an Abyasnian sve with ecnkly ie" ‘Apert rom the siulationthat the prospectveomistbes Misti and te “mot rptou of you"=wich ebony imps tat hemos be mau, we, abd soar a character the sho oh eet nt sean ute oaos fr egy oh of, tor dvs tay down any patel mode of lesion, occu. ‘ibe the extent ofthe clstort. Conequenty, thse deta ae {ede aed he community ascordance ith it be interes thd the ence of the ine. The une aps tothe qurston Of the prod drag whieh the am stall bal of. es come eat debe number years be ae for is purpore (Genily wih the right to retin); aerate, he airs {tore offer yb abe to rmination when hs ncuest {aches ran al, povided he charges hats yaly deco, ab air alent ero = maybe Tore, wih he same proviso as above it he ar ‘ould ve to rngu his ofc only i and wen bcos ‘ident hat he des tt loyal perfor is dues o hath 0 Ione abet maintain eBickcy owing to Dalia or rental debi. In ths wie tae rearig the tem of he fir’ ofce we se another lsraton a the reat Retin ferent inthe olla of aru and Saal curse 33. ‘ei eth pn am ih ay be te So entre or hoi of ahr) ote come ee ‘ist on he to setae met rete be Pret ‘ther ering th may he Seg mae Mw ewan arog sophie apt toy oe. coxaner Axo coun. o The Principle of Constton [As we have ten, the sarah retains dlheately trom providing ‘eusled epltins forall the manifold, changing requirements of four socal exstenoe. The ned for continuous, temporal Iegsation in therefor, self-evident. In an Isami tte, this egation would rete tothe many problems of administration not ourked pen ‘bythe shart tall, swells the problems with regard to which the sharah bas provided general picipls but no detailed laws. Incite instance sop to the commit to evolve the levant, raed leiation rough an excte of independent reasoning (Gutad ia consonance with the spirit of Iamic Law and the best Interest ofthe ation. It goes ithout saying that in matters Mfecting te communal side of our ie no legstv ha de- Cision can possibly be let to th discretion of individuals: thy ‘must be based on 4 dfs consensus (J) of the whole com ‘munity (which, of course, des not preside the community's ‘erent, in any mater under consideration on an uhadinding Srvedat revioutybysnindividuaschoar va roup of scolar) "Who sto eae this temporal communal epson? Obvowly, the commutity as whole cannot be expected to it togetor and to eit; and so there must be a person ora inited numberof. peront to. whom the communiy ould delegate is legislative powers and whose ecisos woud be binding on all. The question ths, to what person or persons shoold tis ak be entrusted? ‘Many Msime are of the opnion—scemigly justified by the example ofthe Right Guided Cliptate—tat all power petting to temporal on-shar legion shoud be vested in one Person, same th ama: for, having bea rely ested bythe community, hemay be dened to represent the commanitynot only in excetive ‘ut alo in Teint concerns. However, many otber Moss ol the vew-albo supported by htorclevidence—that so great am accumulation of power in one man's hans savas fraught ith the gravest of risks. For on thing, an individual, howeter brian, righteous and wellntentioned, may easly commit mis- “ ‘STATE A Gov SLAM takes of judgment owing to personal bias in this or that mater; ‘whereas, onthe other han, io an asembly composed of many ‘eons the very exsene of contrasting pions and the ening etateon these opinions—tends to lumiate every problem fom ‘rious angle: has, the danger ofnividaal in oberoing lf ‘on leit if ot eliminated at les greatly rede, Nor is {his al, Possstion of absolute pover often coups its possessor and tempts him to abase it, consciously or uncoscouly, in his ‘own interest o in that of is partisans. In accordance with this ‘ew, the legltve powers ofthe sat should be vested in a body of leglators whom the community would elect for this specie purpose. T would this appear tht the Mains are fc to make thee chcce between an autora ul exerci bythe ami the ont hand, anda ule by counel (or asembly, o parame, or What- ‘ver name we may gt it on the oer. But when we examine thi quertion more closely, we Bd tht a reat the apparent ree- dom of choke between these two altermatines onset, the tee having been decided mort categorically by the Qurdnic inane, pe wt ol “Tei [the Beevers) communal business ame} so be fransacted in) consultation among themsees”= ‘This not injunction must be regarded as the fondamental, operative clase of al Islamic thought relating to stata. Tis ‘so comprehensive that reaches out into almost every department ‘of polite if, and itis so selexpresve and unequivocal tht no attempt at arbitrary interpretation can change its purport. The ‘word ame in thi injunction refers to all fla of 4 comsmunal ‘atre ad therefore seo to the maaaer in which the goverment ‘of an Islamic state to be established that is, to the elective Principle undesing all overnmentl authority. Beyond that, Ue Phrase anvuhum shirt Dayahum—bieraly, “ther communal » qwina, conser AND cOUNCHL “ ‘bsnes isconstation moog themseves"—makes the transaction ‘fal polite busnesr not onl onsequet upon, Bu synonymous ‘ith, consultation: which means that the Kglatve powers ofthe fale mrt be vested in an asembly chosen by the community specially for this purpose. lective Asenbiy Ie evident from the content thatthe expresion “among them elven the QuPni ordnance ander consideration refers tothe ‘whole community: hene, the lepiatve sssemby-o, to use a texm well known throughout Muslin history, the mas shh rut be trl epreseatative ofthe entire community, both men ‘and women, Sich a representative character canbe achieved only ‘through fie and general elections: therefore, the members ofthe ‘mafe most be elected by means of the widst posible sage, Fncling both men and women. The extent of tht sutage and ‘the qulieations tobe demanded ofthe ytes—lke those ofthe ‘candiates—are details regarding which ntther Qurén nor Senna provider any lesreut lepton, and which, consequently, ae Ie tothe dsreton ofthe eoramanity inthe ght ofthe requte- sents ofthe tine, ‘One could, of course, argue that, instad of being ected ety or indiecty—by the whol community, the ma ight be trully representative if te members were simply nominated bythe omlr—beease, owing ashe does his pstion and authority to. poplar mandate, he might be deemed to bean emboviment of {he community’ wil, But whatever support may be invoked for {his vw from Muslim history, st weakness at once becomes ‘Spparent if me Bear fn mind thatthe mmr in which a lepsative dy comes into bing must be counted among the most important lire of sates and if we accept the Divine dictum that all oor Communal afar ar tobe transacted on the bai of ropa con. Salaion, we cannot escape the conlsion thatthe process of ‘constitting the mal must be, is il, an outcome of “eonsu- tation inthe widest and most det sense ofthe werd. Incomples «6 -srxr1 > oovmnoaae At soci ke ous, such a consulaton ca ake no form other than ‘at of elections during which the merit of the reepectve cadi- ates are publidy dicused and the votes cast acorn ‘The method of eleeons—dvect or indir, trsferable or na: teanferable vote, reslonal or proportional representation, and so forth—s not been aid down inthe sharTah andi, thereon, mater for communal decison, ‘One important point, however, has been clay sipulted by ‘he Prophet with repurd to all public appointments and, thus, with regard to elev appointments at well the prohibition of selfeanvassng, The Propet sid: Nal bs ole oh ao Nel of a at JL we cae a Dost an te oat ra ris eno Joule ac tng Yo i ek er our om taras ile ts entoyo dou wig oul dy od Sera ig fe tating of he py bry ind hat eds ob eq ortega Site ne ub ie ny Codon he oe ak {Die it mt nary inf, weer pt ne Petolranones Tonle kaon Popes ‘oct to ale sty sine apenas te rn comer ed for For bran he wes ap Frc yom fs Compasos ih te eau rs Pv in por, he nee empty Pr tel yl jae bas a Ga wd ot spt tt wo non tor “hm two in fl eying wiht pi fhe toro she conton on ns tte wou ep dco at ‘tsa sy pon dzou ot eng poi ot ‘onthe bry fsbo aa Sh*t Sahn Sema ‘conan AND cOLNERL " amininrative pot (lnluding that of rad ofthe at) o of beng ‘ected toa representative asebty shal automaticaly disqualify ‘hat peron from bring lected or appointed. Such an enactment ‘would immedtly remove a Weighty objection on the prt of many Contemporary Muslims ta "government by couse.” At presen Ssyoae posting lca infence or wealth say—regurdless of hie reat worth—secure his ction to a leiative assembly by cereing certain amount of "pervaion” on hi electors But under the abovesmentoned enactment, ll such attempt at diet Permusion would lead to immediate dbqualiition. I woul, ‘ofcourse, sl be posible or an infuental but otherwise worthless ‘andiat to avid the outward appearance of mi canvasing by [raking we of party oranination oof ndvidan midemen eho ‘would ke propaganda for him among the publ. However, the Tac thatthe candidate himself would be debared from delivering ‘eedonering species or from others adressing the electorate ins own bel woold mak the task extremely dieu: wth the ert that a 4 rue, only a person enjoying wel-desered and ‘nsoliced tem among the electorate Would ave & BeRUDe ‘shane of soe Digerences of Opinion 1 has aleeady ben mentioned that the legate work of the ‘mal asks wil ete only to mates of publ concer, and ‘more parvlary to mater which have not been regulated in terms of law by the may of Quran and Sunnah. Whenever the intrste f the commonity call for a legislative esacament, the ‘mal mist St ook into the cote ofthe sharah for a guiding {ror pic of lw bearing onthe problem under cone ‘Son. Lfsuch a general principle i forthcoming, falls witha the ‘cope ofthe Iepiitre to daw wp an enactment in consonance ‘withthe eoblised shar principle. But very often the ms it ‘econffoned wit problems on which th hora sete sent problems, that i for which neither deta cuings nor even a (raeal principle have been formulated fa the muy. In sch 6 tATE AND covenant LAM instances itis for the mals to devise the requisite lepton, ‘aking onl the spirit of Islam and the commanity's welts into consideration, All ths presupposes, of cours, thatthe members ofthe mas are not only possessed of a good working knowledge ofthe mie ‘of Quen and Sunnah, but are alo people of understanding and Insight (ale "Lab, alive to the eocllopl requirements 9 the community and worldly afte in general: in other words, ed ‘ation and maturity a indispensable qulifetions for eetion 1 the mal ashshar Butevenif the member of te mz poses these qualifcations, 1s highly improbable that they wll lwaye view a gien social situation ie exactly the same ipkt and, consequatly each fll Unanimity 25 to the Iglative meawure required mest that station. This dversy of views is only natural for all Buran reasoning is highly subjective procs and can never be fully isocited fom the thinker’ temperamental leanings, babi, Social background, and. past experience in brit, fom all the manifold influences which sc ogether inthe shaping of what we Guided Calipts, who ad been among the most intimate Com anions ofthe Prop, dif not conser necessary to have a ‘Propet eeted coun ot follow imply the advice of what- er counel there ys, how ea anyone cam today (a thatthe ‘mals ashi ofan Itami state must be consti on the asi of popula elton, and () that the lesation obtained in ‘och maj is under al cicumstances binding a the executive? {comparatively ery to aniwer the Sst part of the above question, When the st Caliph Aba Bakr, wat contonted with the needed bythe Queinic principe, amruhum shi boynaum-—of having council which would assist im n governing the sae be lastnetvely arsed to an instuton tat was sanction- fl by inumemorial custom and had aot been reputed by the ‘arth, namely, an asembly of tial chiefs and leaders of clans. Tn the cueuatanes, the Caliph’ choice was doubly caret, for in site of the considerable loosening of tubal ties Brought bout by Islam, those tes had not yet been discarded, The ‘Arabian society of that tne had preserved its tba streture fon very lege extent, and tothe leaders ofteibes and clans di in {ach i aot in lw, poses the autor o speak and act i the sume of the groups they represented. The views on communal ‘nates expreied by, sy, the leader ofthe Band Zubrah clan of. uryah oro the and tribe of Aw wee almost always dential ith the views Bel by all oher members of those clan o tribes. “Had the Caliph insted om tions, would invariably have bees those very chiflain (most of wham had been Companions ofthe ‘Propiet) whom the commit wou have designated as is repre- ‘sentates: hen, thee wat no eed t call fr eectons, All hit the Caliph had to do was to summon the oustanding Companions and tial chiels—and there was his mil aahshird, as repe- o STATE AND GOVERNMENT AM sentative ofthe community ati cre coal have ben under the conditions then prevaling. Tis seuctral psu of Mim tocitycemained practically unchanged throwphout the eelgn of ‘he four RighGuded Caliph, with the result tht none of ther sv any reason for changing the method by which the counel me fat beng However, modem Musim sockty (ike mort other civilized soci) his log since outgrow the ial mode of Me, wth the resol that ln Iadershp has ost its erstwhile important. Coase quently, me have no loager any way ofasoeriaiaing the opinions ofthe community excep by means of «popular vote. a matiers of outstanding importance, this vote may take the shape of & referendum: in mates of dy-0-dy lpslaton, nobody bas as yet devised a beter method than lotions tat te fe appolt ‘ment by the community of a aumber of perons who woul et as ‘ts representatives, This so obvious that I would not ave dwelt ‘on it were it not forthe fc hat so many Misline have ot yet sped the structural diflerence (a most frreaching diferencs) ‘between ou present society and that which existed in he ary days cof slam. Foe with condos simiar to ory, the Right Gee Caliph would certainly have reached politcal conclusions vastly dierent trom thos they reached thitenseatores ao; a thet words, they would have had thei mals cleted throgh popular ‘This nding applies not only tothe method by which the mas should come into being, but alo to the terme of tference under ‘which it would work and the poston which it sboulé osapy vitin the femework ofa modern Ii atmo special, to the question of whether or not the leiitive dsons ofthe ‘mails should be binding onthe executive iis historically established that the Prophet himself rgueatly salled for an followed the advice of his Companion in mars of state, and this a obedience to the words ofthe Quin, he SS oe WS pty rxncurve aS LscsLATUR ss “Take counsel with ther i allcommunal bons (amr; and when you have died on «cous faction, place your train Go.” Some Muslim shor conside fom the wording ofthis vers that the leader ofthe community, although oblige to take counsel is everthses foe fo act thereupon in whatever way he deems ft tut the abitrarnes ofthis consi becomes obvious as soon fs we real that this Quen vere was Feveaed just Before the ‘ate of Ubud that i, on an eccaslon when the Prophet felt ontrained, agaist is vm beter judgment to defer to the advice ‘ofthe majority of his Companions. He was definitly of the pinion —subesuently justia by evets—hat the Metin should ‘ot mect the murercaly superior army of the Meccan Quraysh in the open ed, but shold fal back behing the fortications of ‘Medina instead” In thi view he was supported by several of his Companion; but a mos ofthe others ised ongoing forth and ‘fering tte, he sorrowflly pave way to he wl ofthe majority. “The shor obligation onthe part of the leader to follow the decison ofthe majority of is coun is frber elucidated in & “Tradton onthe authorky of the fourth Caliph, ‘A, relating 10 the Qurtin verte we are now considering. When the Prophet wat tsked about the implications ofthe word ‘aom (ding upon & ouie of ston) which occurs i this vr, he answered res FSP pl ae “Ht means taking counsel with knowledgeable people a ras] ‘nd fellowing them theria.”= To Abo Bakr and ‘Umar, who oft ‘onsitted what we would describe foday a5 his “ines eounc,” fhe Propet once si Sue ee dt “tt you two agree on 4 coun, Isall nt disentffom you"* 1 Rea Fao: 18a, VoL. 27 1 fn avin in Wan Stony of °Abd ar Rabe Neverthe, not dificult to guess why the Righ-Guided ‘Caliph ocasonlly deviate from this sit oberance of the principe, amrahum shirdBayrahum. For one thing. the rapidly ‘hanging aspect ofthe Islamic Comonealth (io wich reference ‘ns teen made ia chapter i) made it sometimes imposible to eve {he final decision in mates of sate o people wh, however well meaning and wise, cold not be supposed tbe erent informed shout cveryhing tat was going on ia the wide and continuously expanding realm. Furthermore, the Right-Guided Caliphs were fully aware that poieal coniourness among the greta run ‘of Mains was sil in is lnfaney and tat, consequently, there ‘ms alvays a danger that poieal vews might be colted by consirations of tbl interest and 0, although the establabed councils and called for advice whenever the need are, they held ‘hemles eto accept oto eet the adie of thr conan ‘Mort probably this waste only couse open to them atthe tne, Sill its just possible that so unftered a feedom of decision on {he part the head ofthe state was one ofthe factors contributing tothe aid decay ofthe Caliphate for altho ited to adie revs in the case of an cxcendingly strong and frighted personality ike “Umar, bought the institution of the Caliphate inf nto diserdit whenever a weaker ruler commited & seis stor of judgment. Might not, pehaps, the etre Muslin history have taken a dierent course for instance ‘Uthmin had held ‘himself bound (nthe leal seas f the wor) alway follow te eins ofa properly eonstited mar ashshir! ‘Whatever answer may be given otis hypothetical question, we are certainty not jie fo expect that every amir would possess the genius and the strength of purpose of an ‘Uma. On the contre 13, al history shows tht soch personales are exrmey rare ceptions and that the vast majority of administrators, a all times and in ll societies, ae prone to commit grevous errs if Jet eaiely to their own devi, Hence, they should ot be left {other own devices, and shouldbe allowed 1 govern ony in com tulation withthe coxedited representatives of the whole om sascunvn Ay tacaToRs s munity: whichis one ofthe cles! lesions of history that 90 flan may nego excent a is ow pe recut Power “Thus, weave come to the coneusion that an Tami sate must be overnod by mean of consultation: hat ist say, by meas of Intimate coloboraton between the lpitore and the executive (Ghe leadership of bth blag vested in one andthe same person, ‘namely, the ani). But what isto be the technical reationship betwen these two branches of goverament? Does the pence according 1 whic all goverment busines must bean outome ‘of contain (ara shard boynahun pace onthe excaive fn obligation to submit every detail of day-to-day administration {6 the poe consent of th legiatre? IF this were, no govern- ‘mental machinery could ever work eicienty: a state of affairs {hat could not possibly have Been countenanced by the shah. Ws therefore, othe sharoh that we must turn for an answer 1 this denuna.”And an answer i, indeed, forthcoming from the Quran sett ‘We have already had ocation to conser the Quen verse that 2h de SEB eee OH 8S pasty ‘Take counsel wth them i al communal busines; and when you Inve Gsided upon a courte of ation, pace your tst in God" From ths verse me have coneaded thatthe amis under an ble tation to aseept the dessons ofthe mals ashshird as binding ‘him but he phrze, "and when you have decided upon a course ‘of action, place your trust in God," leads us oa further conceon ‘Whenever the Que'tn or the Prophet speak ofthe necessity of anakkal (lacing one's tart i God), they invariably refer to ‘tions that are not scl ccunseebed by the avaiable mas fd cal therefore, for individu] judgment a 19 the manne in ‘thick they are to be perfrmed—in other words, they refer to © quran 3:19 s STATE AND GOVERSOENT LAM action that alow the person concerned a certain ltd of choice Subjet to the dictates of his coneiene. With reference to the problem we are disusing here, tis nding could be summed up thas: Although the amir is bound by the temporal epation raced by the mals athshird and by it decions on major ‘questions of poticy, the manner in whch he tants thone de isons and directives into teems of day-to-day sdminstration is Teft to the dlscetion ofthe executive over which he presides; and although the maj, on the other hang, jr empowered to frame the temporal lawson he basso which the country isto be governed, to decide the major poles which are tobe pursed, and in seneral way to supervise the atti of he goverment, snot tied to intfre with the €aytonday working ofthe executive From this it follows tht the amar most poses exectve powers within the flest meaning of these words. An offs of head state shorn of allel power and educed toa mee fiureesdat, for example, that of the president of pre-Gaiat France or the ‘qucen of Enpand—is obviously redundant fom the viewpoint of the QuPniciajuston which makes the Muslin’ obedience to thve who hold authority" al‘) corollary of heir bedi ‘nce to God and His Apostle Sic of Government However, even if fl xccutve powers are conceded to the amir, the qutton remains ato whether those powereand the utetioos resling from them—are to be vested in hm alone (as for instance, the case with the president of the Unied Sat), oF whether he should exerci them in partnership, a8 were, with ‘cabinet of ministers eepresenting the major partis in the mals luhshird and depending Tor thle tenure of of on this body's vote of confidence. There casts no explicit shar! enactment fn citer ofthese two dictions. Nevertheless, rom th wording of ‘many authentic Tradsons it appears tht the Prophet envisaged the concentration ofall executive responsible inthe bande of + se quem as executive AN LECRLATURE 9 ne pen (whom he deed vou 8 am of mim) as {Sing te mos sue othe prpses of an i oi. Here etme of se Taos TSM Gh oe sah gue AD hs oy ok A aw gly ah Shep 4 ESL Uy Sha all on go 9) He who obey me, obeys God; and he who disobey ne, Aiokeye Ged And be who ays te omy bes me: fe wo cakes te amr, diobeys me. Bele ade [cma ba a sil from behind wih the peopl ht fd by whic hey protect ems.” eh eB yh ae oe SE ST ey, each of you is a shepherd, and cach of you is repose for tock. (hs) leet fmm] who is laced over the people ie # shepherd responsible for is Mosk...” de oh ghd od ok Uo Lt me A 5 esl Si A Me who tas plged aleganse 0 anim, ving him th hand and theft of fs heart hall bey him i Be ca thes as long as be eso ordered to commit a sil; an i toler pron ts 10 Rip the ind’ hts ite tt ‘er pron’ eck “Teed sar saying ofthe Prophet arene i ping witht more eee command tht weer group of Mosint {ecagged on ey nek of common importace one an should fe chown from anoog hem to ad the ots? Neves, ‘Avis nd Maino he tery of Aba ura 1 Mio te suay on Ah a ne 1 Nostotie seat Tos cttw en ante and aa ty Mohwnad the Al Shaan (ae 1504) hs ca wok Not eto (Cn, Tee Val pp. 78 @ TATE A Govense LAM ‘one might perhaps arg that vena government onthe Faropean patamentary patern tht a eabie of ministers devivig thie ‘mandates from and dicey responsible tothe leilature—nould not necessarily ofend aginst the principle of one-man leadership Sascha in an Islamist he cabinet wosld beheaded by the danir wh, as we know, combine in his eran the tv anions of head ofthe state and of pine minister. Common sense, how ‘er tls us hat such an arangement would vender the psition ofthe amir highly anomalots. On the one haad, he is suposed to be the exeutve dh ‘hamr (holder of authority) is on it, by vite of « popular lection, while, on the other hand, he would have to share his executive responses witha group of ‘ministers individually responsible to the Ieilature thus, it would ‘be the partes represented in the maf, and not the amb, who ‘woul be the alae fount ofall exectve power inthe sate ‘Apart fom the fact that such an arrangement would mlliate ‘guns the Isami concept of leadership, it woud rest unavoi iy inthe goverment’ ole being always dependent on a com> (romize—or, rather, on an Uendng sores of compromises eevee vasious,sometins confictng, pasty programs, and never ‘lng able to atain that single-mindedness and inne continuity so ese for an Iam sae “This principle of compromise between opposing arty programs may be necrsary—and sommes even mally ustable—in communities which are not animated by any definite ideology and fre, therefore, bound to subordinate all politcal decison tthe ‘rovk’s changing views as to what may be the right course of ‘tion under gen ecunstanes; but i is certainly out of place {nan doloiea Islamic tat in which the coneps of "riht™ and “rong” havea definite connotation and cannot possibly be made ependeat on mere expediency. In sucha at, at ony Ieglaton ‘but alo adninistraive poly must at all ies be expressive ofthe Sdeology on which the community has agred beforehand; and this can acre come about if the government i obliged to subordaate {ts daytoday activity to consideration of fluctuating party pol xRCUTIE AND LBORLATURE a tis, Tit of cous, does not preclude the existence of “parts” {nan Idamielepiltore. If teedom of opinion and of eric is Tecognized as the cies ineret right (as it undoubtedly is ‘the politcal concept of Islam), the people mest be accorded the Fredons to roup together, if they so desir, for the purpose of propeating extn sls of views at to what shouldbe the policy fof the sate on this or that question; and provided those Views ‘do not ran counter fo the ideology on which the sate based—that {the share partes thus constitvled must have the right 1o argue them in and outside the mals shh, Heres, this Freedom to form partis and to advocate ther programs should fot be allowed to Infuence the administrative practice of the foverament as it ncesry woul theater were composed of ‘instr who eis thelr mandat fom, and remain responsible {the pasty npaniztions repeesested in the mili view ofall tht would seem tata “presen syste of government, somewhat akin to that paced in the United Sites, trou correspond more closely tothe equement of an amie polity than a "pariamentary” government in which the excutive owes are shared by a cable oily and severally responsible {o the leplture. In other words itis te ami lone to whom all ‘minitative power and functions shoud be etre and tis Ie alone who should be responsible wo the majl—and trough to the peope—for the poles ofthe government. The ministers, ‘ught fo be no more than his admstrativeastans or “scre- {are" appointed by him at his own discretion and responsible only to him. As 2 mater f fat, the very term wae (popaltly ranted as “minster") which the Propet used in connection with peoblens of government denots 2 person who hep the head tthe sate to bears burdensn short, an administrative asta, “Thos, for example, the Prophet si SN 0 ly oF 5 Oh See ad be eh at all ee Oly EA aid de Bs Ny 1 God meas well with the ami, He provides for him a @ STATE AND Gove BLAM trustworthy assistant [waz remind him whenever he for 2, and to fp him whenever be remember And if (God) oes ot mean it well with him, He provides for him a ei astm, who doesnot remind him whenever he forget an oes not help him wheaever be remembers 1, therfore, the Mastims adopt for thei sate or sates the ‘nema method of government—popully known today 2 the “American system™—they will but reali a principle indirectly recommended bythe Propet thirteen centuries ago. This alone Should weigh beavily with them when they make their Gal de- tron; thee i, however, yet another argument in favor of the ‘veman system. ‘We know tht the dy "tamy (holders of authority) nan Islamic slate must be Musing. If the exceutive powers of government ‘ere tobe vested i a caine of ministers chen from the lei lature on the bss of party representation as cstomary inthe ‘este European parliamentary democracies thee miniers who, together with the ami, would conte the executive ie "ane by vireo the mandate they have recived from the maj: in which lstace the holding of ministerial power by «now ‘Muslim would contravene the cearout shor wiulation which reserves the execute leadership ofthe wat to Muslims. Hens tbe ‘community would be faced with he aleraative of ether satutry ‘baring noa-Musin etene from all mitral pots (which ‘might mak it ft forthe non- Matin minors to cooperate loyally with the state), or of Bendy disregarding «fundamental Injunction of te shor'ah (which would stike atthe root ofthe alam concept ofthe stat). However, ial exceutie powers and reropatives ae vested inthe ami lone, be would obviously be ‘he sole dua responsible for thestiviin of is goverment, Wheres the minister would be no more than hit seretaes OF administrative asitants whom he would appoat at his will and to whom he would delegate certain tasks inherent in his ofc. Because they wosld not be responsible for poiy-making. thew Aba DS and Ana one atay of Kha XSCUTIVE AN LACSLATURE 6 secetare coud not be eegarded as au am intel own right — fd 10 there could be no shar objection whatever to appointing ‘not Muslin to enbiet port This would not only prevent an ‘afl diriminton apne non-Musim cizeas, ut in aditon, ‘would make i posible forthe government to uilze, on merit ‘lone al the bet talent avaable i the country. “The mere fc that there are considerable non Muslin minorities a most ofthe Muti counties sould, therefore, pth balance in favor ofthe so-called presidental sytem of goverment. Integration of Lesa and Executive ‘Wit allthis, we mut never lose sight ofthe QurEnic injunction, nuh shird baynalom, Which a6 we have sen, makes the {tansaction ofall major governmental busines dely dependent ‘on cowultaton, In theory, th requteent maybe fly satis ‘bythe inion of mas ahaha which would have to ve its verdict on all important policy Snes as well as evolve the ‘temporal laws under which the country to be governed. In rate, however, te mater is nota simple stat. ‘Every stdent of pois i amare ofthe fact hat, strange a it say sound, i 6 ot the leglatve assembly but the etecutive ‘ranches of govemment that “make” most laws ina moder state. ‘Avarule, any majorite of gation nowadays entails area deal ‘of expert preparation and research, a thorough Knowle of the focal und economies involved, and, Saal, considerable Tegal acumen in the formation of the law or laws tobe enacted. ts obvios that such an accumtlation of expect knowledge and technical ability cannot be expeted ofan assembly of persons lected onthe bai of a wie sullage: fr the letra i, nal tally, conceraed oly with the Individual merits ofthe candidates ‘Tihs social integrity and their reputation for ineligence—and {snotina position to sens cach xnddat's echnical qalifeations for lavemaking. Quite apart from this, the comparatively lage ‘umber of people of whom a modern pavismest is necessarily ‘ompoved would, by Sul, make excetdagy dificult to sted, o STATE AND GOVEROLENT IN LAM prepare, and draft any elaborate legal enactment, Consequently, the relevant work of research, preparation, and drafting and te aloof iniating new lpslaon becomes, fn modern ats, the esponiblty of the executive. It isthe exeutve dept: ‘ments of goverment that most of the major legate bile ‘re expertly prepared by civil servant trined specially for this purpoe, andar thereupon paced before the leglatve assembly Tor dcusio, posible amendment, and Saal decison ‘Soch a procedure might be entirely satisfactory from the Mami pint of views faras popular consents conceraed—for obvious, ‘olegisative measure coud become a uals and ntl it at been ‘horoughlydscssed in the mal ashshird and Beall approved by with or without amendments. However, poplar consent sone doe nt const the beginning andthe end ofl amie eqirements with regard to legislation: the principe of amram ‘shia baal cateorclly demands tat all goverment ac tivity (onthe leptive a well ton the exceed) should be ‘dict otcome of cosutation. How can thisbe achieve without ‘hampering the executive branch ofthe government at every stp and thus destroying its freedom of action? To my mind, thee Is ‘et one elton 1 this poblem. We know that ia all deen purlaments special commitees ‘are lnsttued to deal with putcular problems of goreeament | foregnasrscommites, a national defense commie, judiciary ‘omit, and so forth. Ie before these Does, elected By the embers ofthe assembly from among themselvey,that the xeon tive has fom time ote o justify its polices; and itis fom them that thar to obtain the inal approval forthe manner in wich ‘adminsaive busines i conducted: a procedure which naturally Simple the subsequent debate inthe plenary seston ofthe pal ment. However, the approval or disapproval ofa patlamentary ‘ommitee—and subsequently of the ence assembly wsually only a post acon verdict onthe exctive polis ofthe gover men: that sto sy, tbe asembly as such (or any ofits pal ‘mentary commits) is only in exceptional instances, and almost XSCUTIE AND LBGLATURE 6 over from the oti, asoited with the curent activites ofthe ‘recat oa way that woud fully correspond to the injection, ‘amram shard boynalam In logical compliance with thi ae janet, the patamentary commitees in an slic ase ‘rt be fly integrated wit the executive and law-drafingectivi- tis ofthe government. This could be achive by (a) resting the membership ofeach commits toa ery small number, nd (8) according fo etch ofthe commits the fugeton ofan advisory ‘ound ofthe miner (or secretary of state) concerned. In his ‘vay all administrative polices and legis enactments cold be ‘aborated in consultation with the chosen represents of the People fom begining to end whi, at the sae tin, the govern- ren’ ability to act Would vein unimpaired. Arbitration Between Lesa and Executive ‘Thece remains th important question of what 1 do whea there is luagreement beeen the maja ashshard and the exeatve. It might somcines happen that even insite of a intimate ance. ‘ion ofits parliamentary commits wih the werk of the execu tive the mals dems t prope o objet oa poly or an adminis teahe measure sponsored by the government because, in the opinion of the majority ofthe asembly, that poy or adminis temtve mesure contravenes some of the existing lav, o otherwise ininges upon what the lplatos regard as the best interests of the sat; jst ae He coneeiabl that on oozsin the ama, for similar reson, fel concene-Dound to objeto a dechon reached bythe major ia the maj. The resulting coaict of ‘opinions might lea to deadlocks which coud notealy be resolved ‘bythe means usually employed in sch contingencies by European ‘pasamentary democracies: namely, the resignation of the govern- ‘ent or diolton of the pallameat, flowed by new elton. ‘On the one han, the executive of an Islami state that ithe ‘anu-—has teen elected by the ente community, which (bj the ‘ery act of eetng him) bas pledged ie to "hear and obey" 50 Tong asthe am does nt gover in deliberate contravention ofthe « STATE AND cova Nat Laan th other dt aii nt nied to ovride Cr sngiy tore he sot Scoot mols ahr Norcan he ter body sin for is may he vege" ‘Seon of most Westen denser he it of when i coahcow fom « prermeat tai craet ape wil tt ‘tubs decor on spicier detrmined {© old te etal ves and incnoverle may ernanes ‘dam: finda te meer he ma re Sows By the sampled of alenc othe ai ylch the le enn oth the ack Rome sein i. ‘She But onyeing~fr here aun he Gur eas ‘way oats emma. Inchper i we cometh urine ieton, NAN ed th ot Oty Go and oby he Aone an tow in etorty fom among you” But thi quotation pve ws only theft pat ofthe verse Is Seone part rane thus bed at Ud wb ed gts “The, iyo disgreein anything refer ttoGod andthe Apostle." Evideay, therefore, when thre i «fundamental difletencebe- tween the mals ashahird and “those in authority fom among 00" (it the am) the pint in dispute should be referred by titer of the two sides othe arbitration of Quran and Sanaah— fo, to be move explicit, to a body of arbitrators who, afer an Imparial study of the prblem, would decide which of the two See coer ition om Gale Pi ‘conctumon 0 lla for this purpose the gt eachigs to which the majority of ts population adheres: thu, na county inhabited predominatiy ‘by Hana, Hanafi figh should supply the baste of publ aw predominantly Sb country, Je gh; and sofort. But there feat lest two weighty objections to sucha posure. On the fone hand, none ofthe exiting fh ystems truly coresponds to the seeds of cur tine, being ary the outcome of deductions ‘condone bythe exerenes of tine very much dierent from ‘urown. And, onthe otberhang, iis inconceivable ha ina state Which claims to be Islami, the fg teachings acepable oly to ‘ve past of the population (eventhough that part be numerilly preponderant) should be imposed on the minority within the Community apne it wil thus reducing 10 the satay of ‘minority dn the politcal sease as wall for such an arhitary procedute would fagrandy ofead east the Qurdnic principle ‘ofthe brotherhood and equality ofall Masins. Consequently, an Islamic state must havea its dsposla code of he shrPoh which (@) would be generally acceptable to all its Muslim czes without ‘isinetion ofthe fg schools o which they may belong, and 2) ‘would bring ost the eternal, unchangeable quali of the Divine Law in such a way as to demonstrat sappy to all ines and all stages of man’s soc andineletal development. That this twofold neces is Kenly fl in the modern world of ‘slam i evident among otber things, i the suggestions fen made to the effet that the teachings of the existing ial Schols of ‘ought should be harmonized among themselves and thereupon “reed in the ght f modern thought and af moder conditions ofa It scems tome, however, that such an atempt would not ‘only defeat its purpose But might even lead to most wafortunate developments as regards the atte of the Mois toward the problem ofthe shar as Such. ‘it, a “harmonization” of the various sbools of Islamic fighhomever desirable onthe srface cannot posiby produce ‘code that would be simple an, therefor, accesible to 8 208- ‘pecialied Maslin of average iteligece fo it would amount 2 stare Ano coven aM no more than an artificial cobeinstion ofthe innumerable and highly specaltve “deductions” of which the conventional igh (of ll schoo) ie argely made up: and the result would be a tll mere ‘complicated sytem of speculative ih, ‘Second, suck cobedinatin woul oly perpetuate the confsion titng nthe minds of many Muslis:«confxon between what ‘nas been ordained by God and His Apostle i ther words, what the Law-Giver has stipulated a aw, in terms of lay, the maps ‘of Qu? and Sanna), on the ove hand, and what neraons of ‘Maslin scholars have thought abou te Law, onthe othe. Thus, our concept ofthe sharP'ah wou again be caine to he mays of thought prevang at 8 arcu perod of histony—that to ‘human, tine condoned thought ‘hid, an ater to “revise” the shh in the ight of modern ‘conditions is hound to desteoy the lt vestige of permanency and Stability which & Muslim iastactely—and eorecy—asroits with the concept of Divine Law, For ievison i necsary now. ic wll erin agnin become necentary a few decades ence, when “mode condiions” wil again have changed: and soon aad co, nil the Law of Islam wll be entity revised out of exitece. I this were justi, what right would we bave to chim thatthe Law-Giverhas conceived the Law of slam antral proposition? ‘Would it ot, that event, be much more appropriate tomy that {his Law isa of ereaingcontion i sservien! to theme that, therefore it camet be « Divine Law (Our confusion cant be reslied by such x defen atte; it cannot and never wil be resolved by our ging inom the point ofthe etermal validity andthe unchangeable quality of the Divine Law. On the other band, we cannot secesfily maintain hs ‘validity an hs quality anes we ummon ou courgs to seperate ith an ute dregard fr all conventional statment, God's tue shook from all manmade, dedocive, it awa. Bee, the reduction of Ishii Law tis original scope and exent—the ln, selevident (zd), unequivocal ordinances of Quen and ‘Sunnah—is the only way forthe Mime to regain genuine coneruson 103 understanding of Islam's ieolgy, 19 overcome thee cultura stagnation and don, to sed that pernicious aulomism ov 39 prevalent in eligius thought and to make the sharPah a ving Proposition for and i an Islamic rate Method of Coton For any Main community that it resched to fie scoring to ‘he tenes of Islam nd to raat its socal nd economic program to pliteal action, the st step ob taken must bea codicaton of thove mas of Quein and Sunnah which contain slfevident Jaws relating to mates of pubis concer. Inthe context of an Mamie sate, the procedure should be, | tele, somewhat along thes lines () The mals ashshira shall elect a small panel of scholars repescting the various shook f fg aly conversant wath the rethodology and history of the Quen and the sence of Bah, fd entra them withthe codieatio. Under their terms of ference, they wl hae to conentat excuively on soc or ‘nances of Qu? and Sunnah as (2) answer fly to the linguistic

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