ISLAMIC CONSTITUTIONAL LAW: SL

1204
The Rationale of having the Islamic State
The rationale of having the Islamic State comes from the
fact that Islam as religion is different from all other religions
in the world. Islam represents a complete system of life
which covers all aspects of life.
Politics is one of those aspects and thus its operation
should be within the boundaries of Islamic teachings.
A proper compliance of the Islamic political system
cannot be realized unless with the existence of the Islamic
State.
In addition, in order to insure proper enforcement and
protection of individuals’ private rights, there has to be an
enforcing organ legally recognized under which those
rights may be enforced.
All these show the necessity of having the Islamic State.
The Purpose of The Islamic State
One of the main purposes of the Islamic State is to maintain
justice, peace and security in the society. Maintenance of
justice is highly insisted by Allah and His Prophet (s.a.w)
even if it is against personal interests.
The State is under obligation to create peaceful and
secured environment for everyone within it to be able to
fulfill the mission for his creation.
Characteristics of The Islamic State
The first and foremost feature of the Islamic State lies on the
concept of ‘sovereignty’.
 Under the Islamic State, sovereignty belongs to Allah the
Creator and the Sustainer of all creatures.
 To Him alone worship is due, without associating Him
with any other partner. He is the sole Commander who
commands whatever He intends without being questioned.
 The head of the Islamic State acts as a vicegerent of Allah
on earth.
Other Characteristics
 Qur-an and Sunnah are basis of legislation
 Equality before the law
 Maintenance of justice
 Application of Shura (consultation)
 Protection of fundamental rights of human beings.
Functions of the Islamic State
There are various functions of the Islamic State. Some of
them include the following;
a. Propagating Islam to the worlds;
b. Implementing Shariah;
c. Providing security to the citizens;
d. Providing social services (economic, education and
health services etc).
Propagating Islam
One of the crucial duties of I.S is to propagate Islam to the
worlds. Allah has imposed a duty to the believers to call
people to His religion and to enjoin good and to forbid evils.
He says in Surat Al-Hajj :41 “Those (Muslim rulers)
who, if we give them power in the land, they enjoin
iqamat salat… to pay zakat and they enjoin al-maaruf and
forbid al-munkar.”
“In Surat An-Nahl : 125 Allah says invite them to the
way of Allah with wisdom and beautiful preaching…”
And in Surat Al-Imran: 110 He says “ You are the best of
people, evolved for mankind enjoining what is right and
forbidding what is wrong.”
Implementing Shariah
Shariah was revealed in order to be implemented by
Muslims. The State being vested with authority over its
citizens, it has such responsibility.
Allah commands Muslims to judge between people
according to what He has revealed.
Individual’s private relations and public relations must all
be governed by Shariah.
The State is required to enforce penalties prescribed in the
major sources of Shariah.
Allah commands Muslims to judge according to what has
been revealed by Him.
Whoever does not judge according to what Allah has
revealed, he is a kafir (disbeliever).
In a nutshell, all human affairs (private and public) must
be governed by the Shariah.
Providing Security to Citizens
The Islamic community should be a centre of peace and
security. This is from the fact that the word ‘Islam’
signifies peace. Hence, The state must use proper
mechanisms to ensure the safety of its citizens and their
properties.
Inflicting punishment to those who threaten people’s lives
and properties is one of mechanisms to be adopted.
Providing Social Services
In the process of provision of social services, the State is
required to take into consideration all Islamic principles and
rules.
For example, in education sector- while preparing
curriculum for students, the state must take into account
integration of knowledge which will enable the student to be
well equipped with religious and non-religious issues.
Cont
In economic, the state should establish and organize
financial institutions which are Shariah compliant in both
management and services offered to the public. One good
example is provision of interest-free services.
Examples of interest-free products are; murabah, ijarah and
musharaka.
cont
The state is also under obligation to ensure that, social
services are provided to all communities without any
kind of discrimination and without involvement of
corruption practices.