Introduction to Political Science ~ ON * 59 ae 8 Chapter 4 SOVEREIGNTY Sovereignty is that characteristic of state by virtue of which it stands superior to all other human associations, The concept of state sovereignty is, in fact, very important in modern political theories. The word sovereignty has been derived from Latin word ‘Superanaus' viz., superior to all: Evolution. The concept of sovereignty was introduced by Jean Bodin into political discussions. Its counterpart concept, however, can be traced even in ancient political ideologies. The’ concept of superpower, for instance, is found in the political writings of Aristotle. Similarly, the concept of philosopher king, as depicted in the ‘Republic’ of Plato, appears to be the personification of all the attributes of sovereignty. But the concept of sovereignty could not be developed explicitly even during medieval ages. During this period, a strong urge developed for the consolidation of a superior central authority, as the people were fed up from intemal feuds and civil wars. Later, this concept coincided with the establishment of a strong central government, and gradually state was considered to be the symbol of this ultimate authority. Definition. Sovereignty is that supreme power of the state by virtue of which it enforces laws effectively and can punish its violationsJean Bodin, a French political thinker of 16th century, defined sovereignty as "Supreme power over citizens unrestricted by law’. In every civil society, there is always a person or institution who is the repository: of all powers, necessary for law-making and its enforcement. As this power, hé writes, is the fountain of all authority and, therefore, is regarded above law i.e., it can impose restraints but none’ other can put limitations on this authority. Bodin, however, himself admits that this authority cannot undermine moral values and prevailing customs. Thus he himself practically recognises Certain limitations oni the authority of sovereignty, ie., the limitations imposed by Natural laws, Divine laws, international laws-and the family rights, etc. The Contract Thinkers. Thomas Hobbes, an English’ political thinker of 16th Century, portrayed. absolute concept of sovereignty but ascribed this supreme authority to the ruler. This concept is found in somewhat vague form in the writings See? eer. Lis concep : George H. Sabine, A History of Westem Political Thought, p. 345. Also see Dunning, History of Political Theories, Vol. 2, p. 9760 Sovercign, of John Locke. Rousseau defined sovereignty with the fulness and precision Hobbes but gave it,an abode which could salisfy the feelings of Locke, His’ concept of sovereignty is as absolute as that of Hobbes but he located thig supreme power in the ‘General Will’ of the society. Later, Bentham and Austin, English utilitarians, developed legal concept of sovereignty. * Grolius pointed out the external aspect of sovereignty in particular. He defiries sovereignty as "Supreme political power held by a person whose action are free of all restraints and whose will cannot be ignored." Burgess defines this supreme authority in these words: "Absolute, unlimited and all comprehensive power over citizens and all associations of citizens." According to Gamer, “Sovereignty signifies” that characteristic of state by virtue of which no other institution can thrust any limitation on the will of state nor can determine its sphere of action,” Dual Aspect. Dual aspect of state sovereignty signifies its external and intemal features. Internal sovereignty implies the supremacy of state over all individuals and their associations within its territory. Legally speaking, all aspects of socio. economic and political life can be intervened and regulated by the law of state, though state may not regulate certain fields of activities at its own. But it never implies that the state is legally debarred from those areas. External sovereignty signifies the independence of state from foreign control. State is free to chalk out a foreign. policy that suits to its national goals. No other state can interfere in such Matters as questions of war and peace, negotiations in respect of entering into treaty or pact etc. ‘KINDS OF SOVEREIGNTY In order‘to have a correct appraisal of this Concept, it will be appropriate 0 explain different terms associated with, this concept It is worth mentioning that multi-types of. terms originated in respect of the kinds of sovereignty, with the popularity of the concept of limited: or constitutional government. All these terms signify, in fact, different other sources of power and authority in a state. In poli terminology, these are termed as kinds of sovereignty. Titular and Actual Sovereignty. The repository of titular sovereignty is the wat who has legitimate authority to use governmental powers but practically becom ineffective, while some other institution wields the absolute'powers. In Briain instance, there is difference between king and crown. The latter is the centre of whole of the state power while these powers are not exercised by king in personpodton to Political Science : ions use these pow 8 certain other . Powers on behalf r rete legally speaking, all such powers are stil exercised inte of the king. ual sovereign is that person or body of persons i : os oaihorty irrespective whether the laws of te tae at ane sovereign powers or not. British Parliament 's regarded as actual Sovereign as there is NO check on its authority, neither constitutional nor legal: The laws of the pariament can't be questioned in any court of law ie,, judiciary, unlike.American practice, has 10 power of judicial review over the laws Passed by the Parliament, The cabinet is also its integral part and accountable to it. The king or Queen, bya convention, does not exercise veto power over the legislative proposals passed by the Parliament. Legal and Political Sovereignty. The repository of legal’ sovereignty is that legitimate organ whose authority has been constitutionally recognised. Such institution enjoys supreme law-making authority and its laws stand. predominant over all moral or customary laws and even the courts are bound to recognise and enforce them. Political sovereignty signifies that privilege’ of the electorate by virtue of which their opinion is weighed in the formation of a government and thereby they can affect political. decision-making. In fatt, The concept of political sovereignty is the product of indirect democracy in which people indirectly rule through their elected representaiives. Nevertheless, electorate, despite their privileged Position. as the creator of government, cannot make laws by themselves. The popular will finds its exposition only at the time of elections, In case of clash betweert the popular will (political sovereign) and the laws OF State (legal sovereign) the latter will prevail, as the courts recognise the PPository of governmental authority only. Certain. writers do not differentiate n these two kinds of sovereignty, as they identify these as aspects of ton aM, because both are different manifestations-of the absolute power. ane between both aspects is indispensable to make laws teflect the popu : : a Britain, Parliament is, of course, legally sovereign, which has the ae court {0 make laws whose constitutional validity cannot be Cee a ie e due Spite the Supremacy of the Parliament, its members are moral y a Dafon, the nsideration to popular will and try to keep their fingers on ie oe ee Other he ey ae supposed to be accountable to the people. The elector : end vans 4 are dependent on their representatives to get a e opinion Into policies. The electorate can have their voice heard, Soverei I > 7* comes to an end; and even if 52 weighed only if they ind dis yy are well-organised, vigilant al Sometimes citizens have to render obedia, § into being either on account of a mity ich an authority is termed as de fg De facto and De jure Sovereignty. to an illegitimate authority that come: coup or other extra-canstitutional change. Su 4 sovetedt During World War |, such governments were established in Russi, Austria, Hungary and Germany. After the assumption of power on the part of g facto sovereign, the authority of de jure sovereign, which is legitimate governmen f, de jure sovereign continues to exist, itis deprived g \ . all authority. Nevertheless, de facto sovereignty is usually transformed into de jug authority with the lapse of fime when new government gets itself recognised under a new cofistitutional setup. This conversion process |S carried on either through he concurrence of a quasi-nominated assembly holding of fresh elections or with t The examples of de facto sovereigns are the dictatorship of Kromwell in Britain, Napoleon in France, assumption of power by military regimes in Egypt, Syria, lr Libya and in most.of the other Third World. countries after World War Il. These dictators were usurper of political authority. With the lapse of time when a de fado government gets its tule consolidated, the credibility of its Tule normally gets wort: wide recognition." 7 Popular Sovereignty. The concept of popular sovereignty -was expounded by Rousseau, He was in favour of direct democracy, as popular will, according’ Rousseau, can't be represented; it is the society that directly wields this suprené power, Society in- its corporate capacity is the “repository of sovereignty. Te difference between popular and political sovereignty must be kept. into vet Popular sovereignty implies the supremacy of the’ society as a whole, express! through its ‘General will’. It includes the electorate as well as all other non-voes whereas political sovereignty signifies the power and the right of voters 10 ner epresertalves It is to be noted that "General will’ should not be ident! usseau upheld, with the will.of majori iti i 2. theseeehy ace erie ene l.of majority, rather it is the will of all, vi ones eno § concept of popular sovereignty is credited for laying i WT con be Weatred ee le. It is, however, a confused concept es it modem states are taken by aon. fhe earl ac ms pa? en by majority vote. To think of unanimity on 21 oie Sh a 1. Supreme Cot urt of Paki it . “hl Tevolutions gain iain , in Dosso's case, gave a ruling according to whichfnroduction to Political Science : a mater next to impossible. In every society, people have a vanely of opinions and point of views. To compel them to merge their wil or choice inthe wit ofmejoity, is tyrannic, most unsuitable to modem mind. ATTRIBUTES OF SOVEREIGNTY The characteristics given below are, in fact, ‘the attributes of State sovereignty and we are not concerned in this discussion about the use of this supreme power. A discussion on the kinds of sovereignty signifies the assessment of the role of the institutions that exercise state power. As far the sovereignty of state, it stands undivided; hence no question arises about its kinds. 4. Permanence. Sovereignty of state is permanent and it remains in operation as long as state exists. Change in government does not perish sovereignty; the new government starts exercising it on behalf of the state. n Exclusiveness. It is that attribute of sovereignty that makes the state supreme over all other institutions within its territorial jurisdiction and by virtue “of which it claims unconditional obedience. State is the sole source of all Powers and authority. All laws, rights and obligations are determined within its legal sphere of action. In fact, this supreme power is unique in the sense that it Can't be identified with any other power on this earth. e Absoluteness. Two aspects of stale sovereignty are noteworthy. First stale Stands Paramount over all individuals and over all their associations a Enjoys the pivotal position of regulating their activities and none other can ei limitations on state's authority. Second, state is free from external oni ugh all civilised states respect the rules of international. aw and CO el these limits are self-imposed and based on voluntary submission on ny, Sovereignty of state cannot be divided, as the wil of a G ie ad Of all powers. The powers of government, however, Can be divided. federal System, these are the governmental powers whict 1 vere eters Sovereignty of state. Under such a system, nae Ine lean Powers relating to matters of nalion@ Q.units enjoy autonomy in regional matters. vn i , 2 it ithin pniversaiy, State's supreme authority. cannot be questioned wit regulars While all individual and social activities, legally speererenc® in ed by its laws. In case, state adopts a policy of OT .64 Sovereign, claim to interfere. The discretion of State is beyond all limits. Nevertheless, state does not normally intervene in the diplomatic immunities ensured tg ambassadorial staff of other countries. In case the activities of any Member of foreign embassy are considered undesirable, the home government can as, the concerned government to call him back. 6. Inalienability. State can't depart from its supreme power for the time. being or Permanently, nor can transfer it to any other body. Otherwise that body to whom this supreme authority has been transferred will become sovereign, Sovereignty is an inseparable and iritegral part of state in a manner as any cell is linked to the living organism. . 3 7. Imprescriptibility. Sovereignty of state is ever lasting. If state does not exercise its authority in certain spheres of life, it does Not deprive it of the legitimate authority to regulate those aspects. Though state does pay full heed to canons of morality and established values of the society yet\in legal sense no such limitations can be imposed on state sovereignty, AUSTIN'S CONCEPT Austin, an English utilitarian jurist, tedéfined’ the legal concept of sovereignty as upheld by ‘Bodin, Hobbes and Bentham. He Portrayed absolute concept of sovereignty in a logical and consistent Manner. As a jurist, he belonged to Analytical school of jurisprudence. His views are found in his book entilled “Lectures on Jurisprudence" published in 1832. He defined sovereignty in these words: . “If a determinate human superior not in the habit of obedience’ to a like superior, receives habitual Obedience from the bulk of a given society, that individual is Sovereign in that society and that society including that superior, is a societysfree and independent.” He further writes: “Every law is made consciously. by a law-giver.” Implications. Three main premises can be drawn from the Austin's definition: 1. In every state, powers of sovereign are unlimited and absolute and “sovereignty is indivisible and inalienable. 2. Sovereignty is the source of all authority, and that it can be clearly located. i@,, the repository of this supreme authority’can be identified in every society:. Nae I. S s violation is dealt with Punishment. All CRITICAL VIEW int of Views of course, Austin presented absolute cor From 192 Pable manner. But its practical implementation. aioe econ in itis Vey difficult to locate or identify a determinate person or ve™ yeals thal Ids the validity of law. Austi io ose command holds ity w. Austin presented purely Pepa wet of law and of rights, according to which law is considered as the gosto an the will of sovereign. ‘As a matter of fact, people obey laws not due express rcjon Of command ofa sovereign but because they feel that laws serve 1a ive interests. Laws are not the only source of rights, as held by Austin, emanate from individual personality which is its prime source. A critical a sion of this concept (known as absolute, monistic or legal concept) is given sebow in details. : 4, Limited Powers. Unlimited authority in Austin’s sense is impossible to trace in ” modem societies. From democratic viewpoint, two important repositories that exercise this authority, are political and legal sovereign but none of the two can claim the use of unlimited powers. Neither government, which is legal sovereign, enjoys absolute powers, nor the electorate exercise absolute or unlimited control over the government. Modem popular governments are regardéd accountable to the people while people, on the other hand, are dependent on their representatives for the satisfaction of their wants. 2. Location of Sovereignty. According to Austin, in every society sovereignty can be clearly located. No doubt, this view seams to be valid if applied to British political system where ‘king in Parliament’ stands supreme. The constitutional validity of laws made by the Parliament can't be challenged in any court of law. But in a federal system, no such authority cari be located. In American federation, for example, the central and state governments, both have to work within constitutional limits and the constitution stands paramount. As the Constitution can be amended, it means that the body empowered o ~ it should be sovereign. But that body can't be called determinate ee fone two different methods of proposing constitutional amendment : ei ‘ferent methods of its ratification. Hence repository of sovereign aul e ty is Hs ther explicit nor permanent, The matter becomes More intricate re : les ine Federation, where final power regarding constitutional a ae as dete she People through referendum. The electorate cannot be ‘erminate in Austin's sense.86 Sovereign, 3. Is Sovereignty Indivisible?. From Austin's viewpoint, sovereignty cant te dividéd. After the implementation of American constitution, such View became popular according to which division of powers pee the centr and regional governments, was interpreted in terms of division a Sovereign Alexander Hamilton and James Madison, who gave the mos| authoritative commentary on American Constitution, and later Sr Aes writers, upheld such views. Experts on international law postulate tt 3 in orepectrales, sovereignty is divided. between the dependent government ta the fore custodian government. It must, however, be made clear that the protectoraeg are not sovereign states, therefore, no question arises about the division of sovereignty. Whereas in a federation, these are the governmental powers tha, stand divided and not the sovereignty of state. ist’s Attack, Pluralists have criticised the Monistic Concept of rea: This point of view was projected by the’ Guild Socialists in Britain and Duguit in France, Certain scholars of Sociology, who considered state ang government as mere branches of social life, also, upheld the same view, In fact, these different schools had various objectives while pleading the cause of society at the cost of state. Some wanted to establish the Supremacy of church over state while others, especially Laski and his followers, wanted to promote the cause of working classes and that of social associations, = Importance of Associations, Pluralists criticised the paramount position of state claiming strong central authority. They. wanted,.on the other hand, to secure maximum independence of associations. Their arguments in support of their view. point run as follow. Different associations flourish in every society that works for the attainment of different objectives. They have neither been created by the state * Nor their objectives are less important than those of the state. Every. association serves the society very effectively in its respective field. Pluralists regard the stale as one of the-associations whose main function is the maintenance of law and order. It will, therefore, be unjust to ascribe absolte’ sovereignty to the state onl. Every association should be sovereign in its respective sphere of action, hence repository of ‘ultimate power to decide all of its affairs. State under ™ Circumstances, should interfere: in the sphere assigned to associations. Ther Must be as much sovereigns in a sociely as there are interests to be guarded. Pluralists are deadly opposed to the Monistic concept of soveregit according fo which it is assumed that all socio-economic institutions are fome a Controlled by the law and that these are dependent on the law for their survva’ for drawing their authority. On the contrary, they believe that every associalion7 67 ‘own, hence should have complete autonomy and etic! thi tand : nto this issue stands on the oth ist's approacn : i er extreme, of n. is rom national point of view, as these undermine parol ee sd o the status of amere association. In fact, state performs th yoe tn f and also integrates the activities of different associations, a ate performs the role in an effective way; and therefore, its on on can't be confined within narrow boundaries. Whereas the ens underestimated the importance of state and regarded it as a negative ; 5 isitton- , : Modem state, on the other hand, has shown excellent performance in the of social services. It has provided a legal framework that’ coordinates and feitates the work of different associations. Certain states provide funds and grants to different associations. It would be inappropriate to deny the utility of laws and thal of political institutions on the basis of few areas of clash of interest tween associations and law. If autonomy is granted to assocjations on the level : gostulated by the-pluralists, the presence of international type of associations may ea threat to the existence of nation state, thereby injuring patriotism. Pluralists, be given the credit for emphasising the role of associations. They however, should h voluntary cooperation for the provision of social encouraged social action throug! services. ~ 5 Nature of Law. Austin defined law strictly in ‘legal sense and regarded coercion as the basis of law. Sir Henry Maine, an eminent historian, while criticising analytical school of jurisprudence, remarks that it is not applicable to those societies where customs and traditions, are held in esteem, No sovereign in such societies, he_prociaims, can afford to issue a command \ich violates the customary ways of life. In such societies, laws also manifest prevailing customs, The clear example is that of British Common law which actually consists of those customs that were later recognised by the courts in the settlement of disputes. Hence law, in practice, is not merely 4 command of Sovereign, it is obeyed because there is an element of utility 19 public Obedience, ° es that la na presented, in fact, purely juridical aspect of law and inode soures lake its raw material from sociological environments and fro! uch as religion and usages. Conclusi i Lo i ~enclusion. During 18th century; state sovereignty was identified with the \. oy 68 Sovercion, sovereignty of government; hence rulers were regarded to be the repository of this f constitutional monarch, supreme authority. With the popularity of the concept 0 : the Monistic concept of sovereignty also got @ set-back We ee di pubiig liberties severely criticised absolutism in all of eT ae Of limite ~ government, thereby coincided with the concept of limited'sovereigniy- As a matter of fact, the concept of sovereignty hee bes the a ambiguous concept in the Wester political thought. a oe d i " thinkers presented divergent viewpoints in this context; while the si A ang 10 the location of this ultimate authority further aggravated the situal ln. sh oubt, ther has been a consensus” regarding the concept of state nah ‘ Ut it is algg subject, to confusion, for the state is dependent on red on ions for the expression of its will. The major cause of this confusion has been regarding the use and expression of this highest authority. . ereignty and’ Internationalism. In an age of internationalism, the St ET ie) can't be interpreted in those terms as understood in’ a self-sufficient age. No state, at present, can remain indifferent to worldwide trends and make policies in isolation from its external envitonments. Every state has to pay due heed to the decisions of international institutions and to the rules of interational law and morality. Similarly, important policies of one state may inditectly influence policy-making in ‘other countries. Big powers have now evolved new techniques of Imperialism to exploit the resources of the developing societies. These countries, in most cases, have to chalk out policies within compulsions imposed by the Western Bloc. Under the circumstances, the concept of stale sovereignty, which was developed hundred years ago, seems obsolete. _ + ISLAMIC CONCEPT OF SOVEREIGNTY Ambiguity of the Western concept. With the widespread popularity of be democratic ideals, the monistic view of sovereignty was practically discarded. presence of an all-powerful absolute government, was regarded injurious to be protection of public liberties. As far the concept of state sovereignty, it mere} signifies a physical feature of state by virtue of which it claims uunconditon: obedience from its citizens and is regarded independent from external cont ve sa santos) arose regarding the use of this: ultimate authori. id 4 , Many new terms origi ignifying di ito soleil pw. igi nated, each one signifying different repos 1. Fora critical examinati os Forde” of Sovereignty, p21 mn of the concept of State sovereignty, see Hu. Lastto Political Science ‘dem democratic s on can claim absok In fs was envisaged in the concept of sovereignty & emits te sen s, Rousseau and Austin. Those Western Political thinkers Whe bod, the cause of public liberties, struck over the concept of absolutism in all is : wed They believed that absolute power in any human repository would lead to gy, consequently, such terms as legal sovereignty, de facto, de jure, political ard ulimate and immediate Sovereignty, became associated with this popu 1, thereby making it all the ore ambiguous. The very use of the title ‘kinds af sovereignty’ Is nothing but a contradiction in term. Islamic Concept. In contrast to the Western concept, Islamic concept of sovereignty is most logical, explicit and realistic one. According*to Islamic version, all powers belong to Allah. All attributes of sovereignty, are implicit in Islamic concept. tis laid down in the Quran: 69 te power in Lo! Your Lord is-Allah who created the heavens and the.earth ' in six Days, then mounted He the Throne— He covereth the night with the day, which is in haste to follow it, and hath made the sun and the moon. and:the stars subservient by His commands. His verily is all creation and commandment. Blessed be Allah, the Lord of the worlds! (Quran VII: 54) Sovereignty of Allah’is not limited to any particular sphere as He is the Cieator of the Universe and governs through His commandments. Thus there is no place for titular sovereignty in the political theory of Islam. Islamic state recognises consciously within its constitutional framework, sovereignty of Allah in all walks of lfé. Legal Sovereignty. It implies that in an Islami¢ state, Quran and Sunnah stand ste Allah's will and all His Commandments are found in the Holy Text i ee Consists of the actions and sayings of the Holy Prophet (P.B.U.H.) glad been compited in the Books of ‘Ahadith’. Sunnah is the interpretation and besten of the Quranic injunctions, The life of the Holy Prophet (P.B.U.H.) is is ae Of Islamic teachings, as he was perfect man from every aspect. relore kn the Holy Prophet (P.B.U.H.) has been recognised by Allah and “INS the duty of every Muslim to follow his example. Allah says: tne obeyth the Messenger obeyth Allah and whoso (Quran ai We have not sent thee as a warder over them. “ 80) Verily in the Messenger of Allah ye have a good xa TAI for him vino looketh unto Alah and the Last Day, and’_— remembereth Allah much. (Quran XX 21) Sovereignty 70 Itis to be noted, that the Holy Prophet (p.B.U:H.) had 0 $2 if the absolie sovereignty of Ale, as tis against te Islamic precentof Fanneet vi, Unity of Godhead. In fact, the actions and sayings of the Holy ro Ober? are in the nature’ of manifestation of the Quranic injunctions. In | "0 alves Resolution passed by the First Constituent Assembly of Pakistan in i 49, Quran and Sunnah are clearly recognised as the source of Shariah = ater, in preambles of all the Constitutions of Islamic Republic of Pakistan, the Same principle was upheld. ATTRIBUTES 1. Universality. Sovereignty of Allah is all comprehensive, as laws of Shariah provide guidance in all directions and are not restricted to a particular fielq df human activity. A true Muslim is a person who consciously recognises Allah's will in all phases-of his life. Thus the whole life of a Muslim beco, consistent and harmonious. To believe in part of the scripture and disbeliene in any part amounts to clear denial (Kufr). ‘Believe ye in part of the Scripture and disbelieve ye in part thereof? And what is’ the reward of those who do so save ignominy in the life of the world, And on the Day of Resurrection they will be consigned to the most grievous doom......" (Quran, 2:85) 2. Absolutism and Indivisibility. Allah's sovereignty is limitless and He is te absolute Master of the whole Universe. His authority can't be compared o identified with any other as it is unique. Allah's absolute authority is indivist and inalienable; even the Prophets had no Say in Allah's affairs. According the verses of Quran: . And when thou bringest not a verse for them they say: why hast thou not chosen it? Say: follow only that which is inspired in, me from my Lord, (Vill: 203) - If there were therein Gods beside Allah, then verily both (the heavens andthe earth) had been disordered, Glorified by Al thé Lord of the Throne, from all that they ascribe (unto be 2):: tial Science ion (0 Poll nn jg no place for political or popular sovereignty in Isla histh source of all power. Neither the electorate nor te ene e is swe 0 alter the permanent laws of Shariah. As far the corice eb neople, NO doubt, have the right to elect their repretat ise ato eres ed 2 ‘countable to the people. Polifical authority has been d ced ° weed ee ised withinsthe limits set by Quran and Sunnah. Hence te i scribed bY Shariah cannot be transgressed. - ™ As a matter of fact, the concept of political sovereignty was it tem Liberalism mainly with a view to safeguarding the ights of preety against the encroachment on the part of autocratic’ governments. A critical erawation © ‘of the modern democratic systems reveals the so-called jtical supremacy of the people which is merely on the paper. Inequality prevailing in the distribution of wealth”and monopoly system in modern societies, have established the dominance of wealthy classes. The ruling elite has practically taken the place of the old feudal Lords and that of the autocratic rufgrs. Laws in such societies, also serve the interests-of the dominant classes. in fact, the ll powers in any repository is the second name of tyranny. The udiation of all masters and concentration of all only solution to this dreadful malady lies in rept le Master. The superiority of Islamic concept of eralism ie., effective safeguards recognition of Allah as the sol sovereignty lies in integrating absolutism with lib have been provided for the preservation of public liberties under the absolute sovereignty of Shariah." Implications. An ideal \slamic polity whose infrastructure is formed within Divine limits, has distinct advantages. The monopoly of any particular class in any walk of if, has not been recognised. In this sense there is no priest class that can claim absolutism in the realm of politics. Hence the concept of theocracy, as it worked in medieval Europe, finds no place in Islamic thought, The concept of politcal sovereignty has been substituted with popular viceregency. Political authority is declared as a-trust to be exercised within Shariat law. Government is accounts to the people. People have been given the right of polical participation tong their elected representatives. - : watch, as tis Secondly, government in an Islamic state is under const icipate fully 1° : the duty of all Muslims t igi suppose’ Public atta s to be vigilant. They are PI Iai Ta As regards the role of government, much stress has been ibilities rather than on its authority. ees al ii: i For deta discussion see: Syed “Abu! Ala Maudoodi, 58m uw slated and edited by Khurshid Ahmad, PP- 160-66.I n Sovereign, Thirdly, laws of Shariah are in the nature of eternal Commands that guj, the people in all directions. Islamic law gives fundamental and_underiyn principles while the people are allowed to resort to iitehad in matters where lay ig e constitutional as well as othe, either silent or unclear. It is to be:noted, that the cons n branches of law in an Islamic state, have to be enacted in the light of Shariah, Fourthly, Shariah is the main source of rights and obligations in an Islanic State. Better and more effective safeguards are provided for the protection of fights ofthe people, as they emanate primarily from Divine Commandments. Islam attaches maximum sanctity to human personality and all political institutions ae fect and respect human rights. A suitable balance has been under obligation to prot t 1 maintained between rights and obligations. Rights of the people have-been given -priority even over the rights of Allah, Haqoog Ullah. Legal recognition of sovereignty of Allah implies. the repudiation of the supremacy of man over man. From the head of the state’at the top, to a common man at the lowest, all stand equal:in the eyes cof law. Laws of Shariah do not reflect'any class conflict; these are the exposition of Divine Wisdorn. Rule of law nullifies all trends of autocracy on the part of government. Everybody in an Islamic State is under the same law and none is above the law. Law provides equal opportunities to all alike necessary for the development of their capacities. After embracing Islam, a Muslim repudiates the rule of all autocrats or masters and recognises Allah as his sole Master. Since each gives himself up to Allah and — himself to Zero, equality of everyone, trierefore, is gained with every other. ___ Associety that consciously recognises Allah's sovereignty in all spheres a life, can claim to be an ideal democratic society. Within the framework of Shariah the concept of limited government can be, truly realised. In fact, a true democrat system can flourish only in a society: that gives fegal recognition to Alats ee whose de facto sovereignty is manifest in the working of the en