ASSIGNMENT NO :2:

HASEEB ULLAH

CV-2020-195

SECTION: B

Islamic State
In the Islamic State sovereignty rests with God who delegates political authority to some selected person.
The public law here is the Quranic law. The Islamic state cannot frame any laws against the injunctions of
the Quran and the Sunnah. Islamic State is a welfare state.
Purpose of Islamic State:
The main object of the Islamic State is to promote good and stop the evils. The Muslims should be forced
to act upon the injunctions of the Quran and the Sunnah. The Islamic State must guide its citizens in all
aspects of life including religious. It should promote peace and order so that the law of justice fixed by
God should prevail everywhere.
Basic Principles of Islamic State:
1. The basic principle of Islamic State is adl (justice). God has proclaimed in the Holy Quran that when
you decide amongst people, your decision should be perfectly just.
2. The second important principle is shu’ra or consultation. In the Holy Quran it has been proclaimed that
the Muslims decide their matters through mutual consultation. It was under this principle that Majlis-e-
Shura was appointed in the Islamic State.
3. The third important principle is the full freedom of speech and expression. It is the duty of every
Muslim to promote good and stop evil. Every Muslim should fearlessly speak the truth.
4. The caliph and his government should be responsible to God.
5. In the Islamic state, there is perfect equality (musawat) and there is no discrimination on grounds of
race, colour and country etc.
6. There is the law of God as given in the Holy Quran and the Sunnah on which the Islamic State is based.
7. The Judiciary should be independent of the Executive. In the Judiciary, the caliph is at par with the
ordinary citizen of the State.
8. The ruler should be elected from the will of the citizens of the Islamic State. The citizens must be
consulted in this matter.
Duties and Functions of an Islamic State:
The duties and functions of a Muslim State seem to be four: Executive (for civil and military
administration), Legislative, Judicial and Cultural.
 As regards the Legislative functions, all the laws are to be framed in the limits fixed by the Holy Quran.
The Holy Quran is the source of law in all walks of life, spiritual as well as temporal.
In the domain of judiciary, all should be considered equal before law and the head of the state is not
exempt even vis-à-vis his subjects.
Consultative Deliberations (Shu’ra):
The importance and utility of consultation cannot be too greatly emphasized. The Quran commands the
Muslims again and again to take their decisions after consultation, whether in a public matter or a private
one. The practice of the Prophet (Sunnah) has reinforced this disposition. For, inspite of the exceptional
quality of his being guided by the Divine revelations, Prophet Muhammad (Peace be upon him) always
consulted his Companions (Sahaha) and the representatives of the tribes of his adherents, before taking
decision. The first Caliphs were not less ardent defenders of the consultative institutions.
A Shura (consultative council), elected by the people, will assist and guide the Amir. It is obligatory for
the Amir to administer the country with the advice of his Shura. The Amir can retain office only so long
as he enjoys the confidence of the people, and must resign when he loses this confidence. Every citizen
has the right to criticize the Amir and his Government, and all responsible means for the expression of
public opinion should be available.
Rights and Duties of Citizens in Islamic State
There are two kinds of citizens in an Islamic State, namely Muslims and non Muslims. While studying
rights of citizens, we shall deal with rights in two parts (1) rights of Muslim citizens (2) rights of non-
Muslim citizens.
Rights of Muslim Citizens:
The rights of Muslim citizens are of three kinds:
(i) Social Rights.

(ii) Economic Rights.

(iii) Political Rights
Social Rights:
In the social rights are included the following rights of the Muslim citizens:
a) Right to life.
b) Religious Freedom.
c) Right to acquisition of property.
d) Right to honour
e) Right to equality
f) Right to agreement