The Political Law of Islam (Part 2/2)

 

 

After this Ibni Sād reports that some people differed from Abu Bakr’s opinion but he satisfied them. He then called Hadhrat Uthman and said:

“Write: In the name of Allah the Most Gracious, the Ever Merciful. This is the will of Abu Bakr Ibn Abī Quhāfah which he made at the end of his worldly life, when he is about to leave it and at the beginning of his next life when he is about to enter it, at a time when disbelievers accept faith, the defiant express belief and liars speak the truth. I make ‘Umar Ibn Khattāb your Khalīfah. Therefore, listen and obey him.” (“At-Tabaqāt-ul-Kubrā”, Vol 3, Pg 200)

This letter was sealed. According to Hadhrat Abu Bakr’s directive, ‘Umar Ibn Khattāb and Asīd Ibn Saeed accompanied Hadhrat Uthman while he took the letter out to the people and said:

“Will you pledge allegiance to the person in whose favour a will has been made in this letter. The people said: Yes.” (“At-Tabaqāt-ul-Kubrā”, Vol 3, Pg 200)

Ibni Sād reports:

“All accepted and agreed to pledge allegiance to Hadhrat ‘Umar. Then Abu Bakr called ‘Umar in solitude and gave him whatever advice he wanted to.” (“At-Tabaqāt-ul-Kubrā”, Vol 3, Pg 200)

When Hadhrat ‘Umar was severely wounded and his death looked imminent, the political situation was still unchanged. The Muhājirīn of the Quraysh still enjoyed the majority mandate of the Muslims. Therefore, according to the Islamic constitution only an election of a leader by the majority group was required. The people who held responsible positions asked Hadhrat ‘Umar, as reported by Ibni Sād:

“Will you not leave a will for us? Will you not appoint a Khalīfah for us? (“At-Tabaqāt-ul-Kubrā”, Vol 3, Pg 343)

Hadhrat ‘Umar, however, adopted another way: Instead of appointing a Khalīfah by consulting the shūrā members, as done by Hadhrat Abu Bakr, he entrusted the matter to six big leaders:

“I have deliberated on the matter of Imāmat-i-Āmah (Khilāfat) and have reached the conclusion that there is no difference among the people in this affair as far as it is one of you. If there is any difference, it is within you[1]. Therefore, this matter is entrusted to the six of you---Abdur Rehman, Uthman, Ali, Zubair, Talha and Sād.” (“At-Tabaqāt-ul-Kubrā”, Vol 3, Pg 344)

He further said:

“Rise, and make anyone amongst yourselves as the Amīr.” (“At-Tabaqāt-ul-Kubrā”, Vol 3, Pg 344)

However, since there was a chance that some miscreants might create disorder or that these six might prolong matters, Hadhrat ‘Umar appointed Ansār as the custodians over the six because, being a minority group, they were not a party to the whole affair[2]. Ibni Sād narrates through Ans Ibn Malik:

 “‘Umar Ibn Khattāb just before his death summoned Abu Talha Ansāri. When he arrived Hadhrat ‘Umar said: `Abu Talha take fifty men from your tribe Ansār and go ye to these people of the shūrā. I reckon they will be present at the house of someone amongst themselves. Stand at their door with your comrades and let no one go inside and do not give them more than three days for electing a leader’.” (“At-Tabaqāt-ul-Kubrā”, Vol 3, Pg 364)

Ibni Sād reports that when all of them had assembled, Abdul Rehman Ibn Auf opined that three of them should withdraw themselves in favour of three others. Consequently, Zubair withdrew in favour of Ali, and Talha and Sa`ad withdrew in favour of Uthman and Abdur Rehman Ibn Auf respectively. Then he asked Uthman and Ali to give him the right to decide, if he withdraws: When both agreed, he said to Ali:

“You have the honour of being among the earliest who accepted Islam as well as being a relation of the Prophet of Allah. By God! If you are entrusted with Khilāfat promise that you will rule with justice and if Uthman is made the Khalīfah, you shall listen and obey him.” (“At-Tabaqāt-ul-Kubrā”, Vol 3, Pg 339)

After Hadhrat Ali agreed, he turned to Hadhrat Uthman and repeated what he had said; When both showed their approval, he said:

“O Uthman! extend your hand! When he did so, Hadhrat Ali and others pledged their oath of allegiance.” (At-Tabaqāt-ul-Kubrā”, Vol 3, Pg 339)

There can be two opinions about the Khilāfat of Hadhrat Ali. This difference however, is not about any basic principle, but in the fact that whether the Muhājirīn of the Quraysh elected their leader with freedom or were they forced to do so. This discussion is irrelevant to our topic. Therefore, even if it is left out the fact remains that throughout the period of the Rightly Guided Caliphate, power remained with those who commanded the majority support of the Muslims ie, the Muhājirīn of the Quraysh and that their prominent leaders elected the Amīr. This also is a reality that all the four Caliphs were elected basically by the same principle. They were elected from the leaders of the majority group and all the leaders of the other groups were also consulted in this election. The only difference is that when they agreed on Hadhrat ‘Umar, Hadhrat Abu Bakr himself enforced this decision and Hadhrat ‘Umar, when he found that their difference was about six big leaders, entrusted the responsibility of electing one from among the six on the six person themselves. From this discussion it is evident that:

(1) In an Islamic state the existence of political parties is perfectly legal and, in fact, they are an important constituent of its political system.

(2) If today elections are held to ascertain which party enjoys the general support then it will be totally in accordance with Islam.

(3) The president of an Islamic State should not be elected directly by the general masses, instead his election should take place in the parliament through their representatives.

 

The Qualities of the Ūl-ul-Amr

According to the Qur’ān, the person who is elected as the head of state from the ūl-ul-amr should have a commanding and an awe-inspiring personality and should be the most distinguished among them not in wealth and affluence but in integrity, wisdom and intellect. These qualities have, therefore, been cited by the Qur’ān as the real reason behind the nomination of Tālūt (Saul) for the supreme leadership of the Banī Israel:

“Indeed, Allah has chosen him to rule over you and has gifted him abundantly with knowledge and physique.” (2:247)

It is evident from this that such elements are not suitable to head an Islamic State who lack intellect, wisdom and masculine attributes; who instead of being venturesome and enterprising are passive and receptive by nature, and who instead of influencing others are more liable to be influenced[3]. 

The reason for this is that the ruler of an Islamic State is not one who only heads them, he also leads the believers in Prayers, Hajj and Jihād. Moreover, he is like a father to his nation, and a model and a guide for them. He is the voice of their conscience, a representative of their ideology, a symbol of their cognizance---someone in whom their sense of honour is personified. It is vital, therefore, that he be someone who instead of delicacy has the ability to take the initiative and who instead of resignation and tenderness possess resolution and tenacity. Whether he be addressing the parliament, the Juma congregation or his soldiers in a battle, it is his authoritative yet majestic, dominating yet gracious and awe-inspiring yet benevolent personality which commands the love and respect of all. It is this towering stature of a Muslim ruler because of which the feeble feel secure, the old feel revitalized and the young are inspired to daring deeds.

It should be clear that the word `knowledge’ stated in the verse not only encompasses a deep understanding of political and administrative matters but also the ability to deal soundly with them. Furthermore, a natural outcome of such `knowledge’ is a God-fearing attitude. The Qur’ān says:

“Only those among God’s servants fear Him who have knowledge.” (35:28)

An aspect of this God-fearing attitude is that a person should consider a governmental post as a responsibility and should in no way have any greed for it. The Prophet (sws) has explained this in the following way:

“By God we shall not grant any person a post in this system who asks for it and has greed for it.” (Muslim, Kitāb-ul-Imārah)

“In our consideration, the most dishonest among you is the one who asks for a post.” (Abu Daud, Kitāb-ul-Kharāj-wal-Imārah)

Once, the Prophet (sws) counselled a Companion in the following words:

“Abdur Rahman! Do not seek a post. If it is granted to you because of your desire your shall [find yourself] being handed over to it and if it is granted to you without your desire, the Almighty shall help you.” (Muslim, Kitāb-ul-Imārah)

It is evident that the other government personnel should also have these qualities. The Prophet (sws) has said:

“When people having the best character are your rulers and your rich are generous and your system is based on consultation, the surface of the earth is better for you than its core and when people having the worst character are your rulers and your rich are stingy and your affairs are entrusted to women, the core of the earth is better for you than its surface.” (Tirmazī, Abwāb-ul-Fitan)

From the above qualities of the ūl-ul-amr, it is clear that an Islamic Political System by nature is an aristocracy which is based on the piety, wisdom and political acumen of the people who constitute it. Therefore, it is necessary that a person who is devoid of these abilities should not become a part of it.

 

Norms for Leadership

After assuming an office in the government the Prophet (sws) has decreed that all the officials of the government must necessarily follow three principles:

Firstly, the standard of living of the head of an Islamic State and his administrators shall not exceed that of a common citizen.

Secondly, their doors shall always remain open to hear the grievances and problems of the general public.

Thirdly, the Friday prayers must be led by the head of state in the federal capital and by his administrators in other cities.

These principles are based on established historical facts. During the Prophet’s time and the period of the Rightly Guided Caliphs these principles were strongly adhered to. Today also, they must necessarily be followed by our leaders and administrators. Moreover, it should be kept in consideration that it is because of these norms of leadership that, in the words of the Prophet (sws) an Islamic State is called `Khilāfat alā Minhājin Nabuwwah’ and in the words of the Prophet Jesus (sws), it is called the `Kingdom of God’ and whenever it is established on earth, people receive the blessings of the Almighty from the heavens above and the earth below.

 

Rights and Duties of A Citizen

 

An important issue pertaining to the relationship between a state and an individual is the rights and duties of a citizen. People generally believe that their history began in 1215 with the imposition of the Magna Carta in England and after progressing through the stages of Thomas Paine’s “The Rights of Man”, Rosseau’s “The Concept of a Social Contract”, and “The Manifesto of Human Rights” of the French Revolution reached its pinnacle in “The Universal Charter of Human Rights” of the United Nations; But, the truth of the matter is that centuries ago the Qur’ān had enunciated them in just two sentences in its own miraculous style, making all this human endeavour appear mediocre if not very ordinary in front of it. Furthermore, human intellect after discovering its far reaching implications is compelled to acknowledge that it can neither imagine something better nor add anything to it. The Qur’ān says:

“If they repent [from all un-Islamic beliefs], establish regular prayers, and pay zakat, leave them alone.” (9:5) 

“If they repent [from all un-Islamic beliefs], establish regular prayers, and pay zakat, they are your brethren in religion.” (9:11)

Both these verses of Sūrah Taubah have the same context. The Qur’ān says that it should be proclaimed in the congregation of Hajj that those who fulfil the conditions stated in these verses ie, repentance, establishing of regular prayers and paying of zakat are the brethren of the believers and that their lives should be spared.

A little deliberation on these verses reveals their similarity of words except their respective endings. The first verse which ends with a negative note directs the believers to spare those who fulfil these three conditions, while the second one which closes on a positive note directs the believers to consider them as their brethren in religion. Moreover, two fixed and positive conditions have been coordinated with a comprehensive term fa in tābū, which implies the giving up of all prohibited things. 

If these aspects of the verse are kept in consideration, five things become very evident:

Firstly, people who fulfil these conditions, irrespective of their status in the Hereafter, shall be considered as Muslims in the eyes of the law and the state, and they shall be entitled to all the rights which as Muslims they should have in an Islamic State.

Secondly, after fulfilling these conditions the mutual relationship between the rulers and the ruled is necessarily that of brotherhood. They are like brothers and, therefore, possess the same legal rights. There is no question of any discrimination between them in Islam.

Thirdly, due to this relationship of brotherhood, all responsibilities which reason and intellect endorse are imposed on the rulers and the ruled.

Fourthly, in these verses the Qur’ān instead of saying: `if they accept faith’ (fa in āmanū) has said: `if they repent’ (fa in tābū) which, in fact, means `to refrain from what is prohibited’ and has coordinated it with two positive requirements of Islam: prayers and zakat; a corollary of this is that fa in tābū should denote its literal meaning ie, `to refrain from what is prohibited’ and imply repentance from every faith and deed which is prohibited in Islam.

Fifthly, irrespective of the duties and obligations imposed on a person as far as the accountability in the Hereafter is concerned, an Islamic State can only legally ask its citizens and force them to fulfil the three requirements mentioned in these verses. Nothing can be added or taken away from this list. The Almighty Himself has fixed them once and for all; therefore, no rule or regulation, and no state or parliament can tamper with the life, wealth, honour, and freedom of expression of the Muslims. Consequently, the Caliph Abu Bakr, when he has launching an attack against those who were desisting to pay zakat, stated in unequivocal terms:

“The Almighty has said: `Therefore, if they repent establish regular prayers and pay zaqat, spare their lives’. By God I shall neither ask for more nor less.” (“Ahkām-ul-Qur’ān”, Jassās, Vol 3, Pg 82).

If these aspects of the verse are kept in consideration, it is clear that indeed an Islamic State has the authority to force its Muslim citizens to refrain from everything which is prohibited and to punish them if they do not comply because they have been considered as Muslims only after they have accepted to refrain from all prohibited things under the words `fa in tābū’, but, positively, an Islamic State has no authority to require anything of the Muslims except salāt and zakāt. It certainly has the right to legislate about the prohibited things in Islam and punish people if they violate them: for example, laws can be enacted against theft, adultery, murder and things which come under Shirk and Kufr; similarly, it can forcibly stop everything which endangers the life, wealth and property of the people, but except for salāt and zakāt, it cannot positively demand anything from the believers. It cannot force a Muslim to keep fasts nor can it compel him to perform Hajj if he has the financial position to do so; nor can it pass a law for compulsory military recruitment for the purpose of Jihād. In short, as far as legislation against prohibited things is concerned, it has all the authority to do so, but except for salāt and zakāt, it can only urge and exhort, educate and indoctrinate people to fulfil the other positive requirements of Islam. Its jurisdiction ends here in this regard.

It is clear from the foregoing discussion that in these two verses the Almighty has comprehensively stated a manifesto of human rights. It is impossible to mention all the rights of a Muslim citizen which as a result of this manifesto he possesses; however, we shall attempt to state some of the important ones.

 

Rights of Muslim Citizens

If the citizens of an Islamic State refrain from what is prohibited, establish regular prayers and pay zakat, then according to the words `leave them alone’ of verse five of Sūrah Taubah quoted above, it is their right that:

Their lives should be safeguarded at all costs and they should not be compelled to put their lives in danger even for a very noble cause.

Their rightfully owned wealth and property should be protected.

No tax should be imposed on them.

Their honour and integrity should be given protection.

Even in extraordinary circumstances their personal freedom should not be curtailed totally or partially, until after an open court hearing, a court pronounces a verdict after they have been given a chance to plead.

They should not be forced to adopt any particular thought, opinion, view, occupation, dress or attitude.

No restriction should be imposed on them as regards forming an opinion is concerned as well as its presentation wherever and whenever they like.

No responsibility should be imposed on them against their wishes.

Similarly, according to the words `they are your brethren in religion’ of verse eleven of Sūrah Taubah quoted above, it is their right that:

Every citizen rich or poor, high or low, strong or weak, ruler or ruled should be considered equal in the eyes of the law and no discrimination in this regard should be tolerated.

The state must grant each citizen the same social status irrespective of his colour, creed and rank which are given importance only in `uncivilized’ societies.

The state must provide food, clothing, shelter, education, health facilities and all such basic necessities to every needy citizen.

The doors of the ūl-ul-amr must always remain open without any restriction on the general public so that at any time and place they are able to reach them to present their grievances and petitions, and are also able to criticize them and to freely call them to account.

They should be provided unbiased justice in all circumstances.

These are the rights of a citizen. Parallel to these, according to the same words `they are your brethren in religion’ of verse eleven of Sūrah Taubah, there are some duties also which are imposed on the Muslim citizens of an Islamic State.

 

Duties of Muslim Citizens

Their first duty is obedience to the state. In the Islamic Political Law, it is termed as sam’u tā’t. After pledging this covenant with the state, they should remain loyal and sincere to those in authority as long as they follow Islam, just as a brother is loyal and sincere to a brother. They should not intentionally do something which is harmful in any way to the state and should honestly serve the state; if it at anytime they are consulted, they should say only what they consider as correct.

Their second duty is that they should always keep a watchful eye on the state and its machinery that they should not deviate from the path prescribed by Allah and His Prophet (sws). Whenever they see the ūl-ul-amr doing something ungainly or deviating from the right path, they should try to stop them so that their brothers are shielded from the wrath of Allah in this world and in the Hereafter.

Their third duty is that they should co-operate with the state and its machinery just as a brother co-operates with his brother. The ultimate form of this co-operation is that they should put their life and wealth at stake when it appeals for their help in such situations as an enemy invasion or efforts to achieve the supremacy of Islam.

These are the implications of the above two verses of Sūrah Taubah. The Prophet (sws) has also explained them on a number of occasions in the following words:

“I have been ordained to wage war[4] with these people until they testify to the oneness of Allah and the Prophethood of Mohammad[5], establish regular prayers and pay zakat. If they accept these conditions their lives shall be given protection except if they are deprived of this protection on the grounds of some offense they may commit[6]. As far as their account is concerned, it rests with Allah.” (Muslim, Kitāb-ul-Imān)

In the sermon of the Last Hajj, the Prophet (sws) has rephrased this in the following words:

“Indeed, your life, honour and wealth are as sacred and inviolable as this day[7] of yours, this city of yours[8] of yours in this month[9] of yours.” (Muslim, Kitāb-al-Hajj)

“People! Listen! An Arab has no superiority over a non-Arab, nor does a non-Arab over an Arab. And a white is not superior to a black and a black to a white. Only piety should be the basis of superiority for a person.” (“Musnad Ahmad Ibn Hambal”, Vol 5, Pg 411)

“People before you were destroyed because they punished the weak and acquitted the strong. By the Lord! in whose hands is my life, even if Fātimah [my daughter] had committed this crime, I would have cut her hand off.” (Bukhārī , Kitāb-ul-Hudūd)

“A ruler who closes his doors on the poor and the needy, [should know that] the Almighty shall close the doors of the heavens on his needs, indigence and poverty.” (Tirmazī, Kitāb-ul-Ahkām)

“Anyone who left behind responsibilities [not yet fulfilled], I [as the head of state] shall fulfil them and the heirs of a per son shall receive the wealth he has left behind. However, I am the heir of the person who has no heirs. I shall pay Dīyat on his behalf and receive his inheritance.” (Abu Daud, Kitāb-ul-Farāidh)

 “It is your duty to listen and obey your rulers[10] whether you are in a difficulty or at ease, whether willingly or unwillingly and even when you do not receive what is your right.” (Muslim, Kitāb-ul-Imārah).

“The Almighty has approved three things for you and disapproved three. The three things he has approved are: you should worship Him without associating others with Him and hold fast to the cable of Allah and show nus-h and sincerity to your ūl-ul-amr.” (“Musnad Ahmad Ibn Hambal”, Vol 2, Pg 327)

“Not many days will pass when those people will rule over you in whose hands will be your livlihood. Whenever they will say anything to you, it will be a lie and whatever they will do, it will be against the right path. They will not be happy with you until you praise their evil deeds and affirm their lies. At that time you should say what is right until they tolerate it, and if they exceed from this, then whoever is executed on this basis, he is a martyr.” (“Kanz-ul-Ummāl”, Vol 6, Pg 296)

“The greatest Jihād is to say what is just in front of a cruel ruler.” (Abu Daud, Kitāb-ul-Malāhim)

 

Rights of Non-Muslims

In the foregoing discussion, we have delineated the rights and duties of Muslim citizens of an Islamic State. As far as non Muslim citizens are concerned, they are of only two categories regarding their citizenship in a state: (i) Mu`āhids ie, those have come under an Islamic State on account of a treaty with it, (ii) Zimmīs ie, those who have come under an Islamic State on account of being subdued in a battle.

All dealings with the Mu`āhids should be according to the terms of the peace treaty concluded with them. Muslims have been binded by Islam to abide by these terms in all circumstances and to never violate them in the slightest way. Such violations according to Islam are totally forbidden and, in fact, amount to a grave transgression. The Qur’ān says:

“Keep [your] covenants; because indeed on the Day of Judgement you will be held accountable for them.” (17:34)

The Prophet is said to have said:

“Beware! I myself shall invoke the justice of the Almighty on the Day of Judgement against the person who oppresses and persecutes a Mu`āhad, or reduces his rights, or burdens him [with responsibilities] he cannot bear, or takes something from him against his will.” (Abu Daud: Kitāb-ul-Jihād)

As Zimmīs, after accepting the supremacy of an Islamic State by paying Jizyā, they shall have all the rights which they should have according to all norms of justice and fairness. In this regard, the Qur’ān has explicitly stated the principle that Muslims while dealing with their enemies must not exceed the limits of justice, not to speak of the Zimmīs who have accepted the authority of an Islamic State:

“And let not the enmity of a people turn you away from justice. Deal justly; this is nearer to piety.” (5:8)

Therefore, according to this principle, after a treaty is concluded with the Zimmīs, it is their right that:

Their life, wealth and honour should be protected by the state such that no one whosoever is able to lay hands on them.

The Jizyā imposed on them should be according to their financial conditions and it should necessarily be taken into consideration that the amount imposed should be in their reach.

Jizyā should only be imposed on individuals who can take part in a war. Children, women, the handicapped, the insane, the darvesh and the monks among them who have given up the pleasures of the world, the old and the sick who cannot earn their living should in all circumstances be exempted from this tax.

The needy and poor among them should be provided the basic necessities of life.

Their personal matters and religious rituals should be exempted from the law of the state and no interference should be made in their faith and religion.

Their places of worship should be left intact.

They should be allowed to present their religion to others in a polite manner.

In short, except for participating in the state affairs, they should be given all the rights which are sanctioned by the norms of justice and fairness for people in a civilized society, and in this regard all dealings should be done in a befitting manner---because Allah likes people who adopt this attitude.

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