!slemio Code of zg - POLITICAL SYSTEM OF ISLAM (Css 2016, PMS Kp 2013) Outline: 4, Introduction 2. Basis of Islamic Political System 3, Fundamental Principles of Hakim) 4, Features of Islamic Political System i Government by consultation fi Equality of all mankind Rule of Law Foreign Policy v. Obedience to Rujer Order Good and forbid wrong Establishment of Zakat system Justice ix. Tolerance and Co-existence x. Rights of Non-Muslims in Islamic State The office of ‘mam/caliph (Head of tstamic State} | Selection of head of State/Process of Election i Duties and Functions of Islamic State 6 Conclusion hroductio . - e m i y tianity which ‘slam is a complete code of life and covers all its aspects. Unlike Chistanty which eae" 3 Christ what is Christ's’, Ss: "Render unto Caesar what is Caesar's and unto © vist what ls Chis, and hus wena ee yates ane cet a) no secularism in Islam or rather the Sealy lon of feligious from political life. Hence per et oo ner words; tslam takes en iisyay "ly is made a part of the sacred or spir al tn other words He fen hae org ve View of human life, required for existence in thi on ee “Smeant for preparing for the eternal fife of the Next World whi ma f n and the Sunna! Hsp Otting to Sayyid Abul Ala Maudusl, the Quran andthe Suara’ Neve leh en fi o4geverment and the sate, An Islamic states basis of an islamic sale is the Soya ans rata ange MTS. twa og» Sh ste Slam. Islamic state is different fr ines not a thccrte sae, same state Made i "hinae®® the principle of ‘consultation (shure) | human rights role in the political system of Isfam. i Islamic Political System (Khalifah Abdul560 _Islamic Studies are safeguarded. The rights of minorities are also fully guaranteed. In Islamic Pol Sovereignty belongs to Allah exercised by man, his vicegerent on earth ag ..°!tm, Commandments. Islamic state is basically a welfare state. This state is responsipig rine uplift of the people as well. This state also regulates certain principles of fore) ‘OF Pray Promotion of welfare of Muslim Ummah, to eradicate oppression in the form of inn Policy, care for the sanctity of international treaties is among the principles of foreign poligy "4 Islamic state. CY of an Basis of Islamic Political System: The political system of Islam should therefore be understood on the basis OF this integrative principle of Islam. i. Sovereignty of Allah: Sovereignty of Allah is the fundamental principle of the Islamic concept of state The Holy Quran says: aa Beh egt Bake AsMhds AM Gay cls di HB egy DS: 9h SLM 5 Saal Sag OSM "His is the kingdom of the heavens and the earth; He gives life and causes death; and He has power over all things.He is the First and the Last and the Ascendant (over all) and the Knower of hidden things, and He is Cognizant of all things.” (al-Hadid 57:2-3) - AY) SA gf “The command is for none but Allah” (al-Anaam 6:57) Sovereignty in Islam belongs to Allah Who is Omnipotent, Omniscient and Omnipresent. The principle of Allah's. sovereignty does not recognise the possibility of dictatorship, absolute monarchy or autocracy in an Islamic polity. It is because the basic allegiance of the Musiims is to God and His Law, to whom everyone including the head of the state is subservient and accountable. ii. Khilafat: The Haly Quran prociaims the Vicegerency of Man. It says val bdo 3 snl) “and when your Lord said to the angels, I am going to place in the (al-Bagarah 2:30) by OB 55 earth a caliph”, ~ Seah ogo OS (fe at yl Byes Goa D5 “ay: O Allah, Master of the Kingdom! ‘Thou givest the kingdom t whomsoever Thou pleasest and takest away the kingdom oe whomsoever Thou pleasest, and Thou exaltest whom Thou pleases and abasest whom Thou pleasest in Thine hand is the good; surett: ‘Thou hast power over all things”. (Aal-Imraan 3:2 \ | { |The "! into bei The khalifah was also known as j; Ng) after the demi en jeadership of the Muslim commu ak for he co; lemise of the aut Holy Prophet ical and religious 3 3 = 3 < S < 3 3 a ce 5 z a 2 S @ 2 a 3 = o 5 i | us had existed from 632, when Hazrat Abu Bal © , gown to 1924, when the Ottoma , a fey under Kemal Ataturk. n Calipha fundamental Principles of Islamic Political System: Dr. Khalifa Abdul Hakim in his book isi , findamental principles of Islamic political systemthougnt Ideology has illustrated following “The Muslim state was founded on certain definite princi: i vya§ founded on the basis of religion, it may rightly be riled eSB ee i termed theocracy, bul ould be of no use unless we define.it more closely. The Muslim state as ane ee Prophet (PBUH) and developed further by his immediate Successors, gives us certain basic concepts. . Muslisms, like the followers of ‘every other religion, have a right to enjoy religious freedom. If they are persecuted and have not strength enough to defend their life and honour, they should stick to their faith and suffer patiently. If they reach the limit of patience and endurance and are still unable to defend themselves, they should migrate from: the abode of tyranny. God's earth is wide enough to offer them shelter somewhere. According to this injunction, the early Muslims were asked to migrate to Abyssinia and later on to Medina and other places. . They should try to enter into treaties with non- Muslims for creating conditions of peace for themselves and for others. : . They should abide by those treaties even if they are not satisfactory to them on al counts. One-sided violation of a treaty is sinful. If they are convinced of perfidy = bia part of the other contracting party, they’ should give @ notice and fix a term for the termination of the treaty. . When they have gained enough power to protect themselves by {orcs ity a9 sees touse force against the aggressors without trans gress OP pe completely allowed to fight only till essential liberties are secured or their opp ; ye of the state, are to be » The non-Muslims, i ome peace a small and ranted. Septets they oe yaligious belief and peeetlee, ne en toture the Teasonable ter for protection, which they shall pay t0 the Ses ine repubiic in the lawis to be guaranteed A non-Muslim can sue oe ne Palas he life, honour and ee A ‘i n ol i 10 aa F : actually eopenied Sap Telomic state shall receive full protection and n of the non-Muslim : inst him lusim shall be allowed to plead a Privilege 9087 by tic republic. theocratic he Musti list ad democral jon, It shall be a theocr h Muslin state shall be 2 So sen receive any sanetneocracy only in the sense im, nor does hereditary church. It shall be ‘versal social justice. Mocracy with no, priesthood and n' shall be 2 symbol for uni thatit derives its authority from God. God 6362 _ Islamic Studies Y, it 8. The fundamentals of the constitution shall guarantee equal civil liberti Wy Subjects. All non-Muslim religious communities shall have the right to get thy to ay Vy decided according to their own personat laws, if they do not violate heir a ; Glementary , es, tights. "Y human 9." Under the law, men and women shall enjoy the same fundamentat rights. yy, be allowed to hold property in their own names. Marriage will be a contract in ware? ¥ Conditions could be inserted provided they are not immoral or illegal, 10. The economics of society shall be so regulated that capitalism and living on uy income is discouraged. neared 44. The law of primogeniture, according to which only the eldest son inherit estate, shall be abolished. 12. It shall be compulsory to levy a tax on capital’so that it may not cease to Circulate may not go on accumulating. The main purpose of this tax shall be the relief of sufi” and gradual economic leveling of society; it shall be taken from those who have and ‘shail be spent on those who have not. 13. The well-being of all citizens is the chief purpose of the state; it shall not be merely police state whose functions end with the securing of law and order. An Islamic state is 2 welfare state. 14. No citizen, Muslim or non-Muslim, shall be taxed beyond his capacity; those who are incapable of earning shall pay no taxes; on the other hand, they shall be helped by the state exchequer. 15. There shall be freedom of trade but speculation in trade shall be prohibited and cornering of commodities for profiteering shall be considered unlawful 16. There shall be a circulation of economic goods in society. Keeping property undivided in a joint family system shall be unlawful. At the death of a property-halder, his near relatives shall inherit according to an equitable system so that capital may be dispersed in society, in order to make its benefits widespread. 17. Mode of electing leader: No system of the election of a president of the republic is prescribed. Recommendation to, elect a president may be made from among a panel of names but no nomination of a successor not ratified by the people is allowed, the principle is elicited from the practice of the Prophet (PBUH) and his immediate successors. Everyone has a right to be elected and everyone has a right to vole ae satisfies certain elementary conditions of mental and moral fitness. The president may be called to account for any of his actions by any citizen, and it will be his duty to justify his conduct. 418. According to Islam, sovereignty does not belong to any monarch or a class Nor ao rest with the people in general. Sovereignty belongs to God and the principles of oa justice are derived from His attributes. That sovereignty is delegated to men of chee eo and integrity. The fundamentals of the constitution of the state are ordained by oe of fundamental principles of legislation are also sanctioned by Him. With the alterat circumstances, new legislative adaptations are allowed by consensus of the learned. ; 49, The Islamic state shail follow a prescribed model in its broad outlines; itis syn the it is an open and not a closed system. Muslims are free to. legislate e circumstances demand; but no legislation shall violate the basic constitution. ly spit people should be chosen to frame laws and regulations who have fully graspet a should of Islam and the fundamentals of social justice. The learned men in the @.. yole continue to reinterpret and revise the laws; they shall not be changed merely y of the ignorant masses creating brute majorities, SS ? its the entre Se Ss eTatternpts are to be made'to sec, F gl? two parties become actively yt Mhationay Sem Code of tty iate and make every ostile to each eee The Quran 3 itis a duty erly HY enjoined oe d on the two pal to medi x effort at Feconci ciliation, 1f, after all these e attempts, sl ne contendin, a ing. parties a foned ‘on the Muslims to side a oe an aggre: ss the aggressor. The ante Party tyrannized OF remains fe Of Nations ang ont 2 oa aay i that, the Unie vonty to since United Nati Nations suppres e 1 Pt dee nemely and he: at > this principle with riety with men i nviction and finds ways zy and I means es effectively crushed if it raises its head. 4, Te Fight of armed revoit 21 TH” eament is not conceded Ke paSTOUP of citizens soratonery parties in all countries, But Janeth against even a peace more than everything Bee But Jslam being Pay give an unpleasant. are persecuted of discriminated pasha cele futile voneae religion, which bevales righted, short of violence an , Should use all possit in aggrieved if aes oh Al asl oe ee : stitutional_ methods of tyranny and seek shelter elsewhere. Revolt rights for itself it should leave the domain fare and the attempted against an established government will lead to internecir ine. wai Moving outside the domain of a remedy might prove worse than the di rannic le disease. A\ Srotar Nson bv is tee eee strengthen ther as its subjects, islam Aone a ie rans to that conse. Wile hints byes _ within the stat by helpless minoriti tional methods to be adopted. Armed t free reign to the men with brut ies upsets whatever faw and order exists and hoee own advantage, causing vandal an Criminal tendencies to expioit the confusia gives 2 peaceful i and rapine. Migration fr i Mt to their fins va an orl se Pop PO) he mes el ste, itis ther By a times. But when Muslims are themselves organised hos att te. Protection of ee ie come to the aid of the oppressed, however or wherever they ma hs Frfbelonof vise suppreston of ei tt smanfess elt a= oppression not on every Muslim al fc but even outside it, is a duty enjoined on every Muslim individual and cattens of int state. This does not mean that they must be going about in the world as Nae pee temationel nce ae take theit puntanical hordes fram China to Peru (0 Muslim st gainst every state which is not living according to the Muslim moral code. A fate is not allowed to interfere quixotically with the life of other nations and their an obvious persecutor and suppressor of Code hea of conduct, unless a nation becomes S and Muslim state, either by itself or in ‘conjunction with ‘other tiberty-loving states, considere ret ‘sceution and restore the liberties of the people. Islam Chilised religious liberty or the state, whether Muslim or non-Muslim. as subjects of non-Muslim ae For a community that had to Spread f rat oat el not hope to Ive ‘under ji the Muslir . een government. ire an state, they were ordered to twa there as law: Neg ctizens, and as Jaw-abiding they gaine a fey inty a tack A Musiin who lives as 2 oltizen of 2 i fre cannot al its laws; but ardize the essentials of Is ra OY Steat gt ssentials rreaties: © re yenants ari treaties 8s on the fulfillment ote st ore numerous ‘example ha s the power to suppress per: J liberty of conscience to be an essential constituent of @ % ig i fm also visualised the possibilty of Muslims lied read all earth could mig by persecution to ‘grate to Abyssinia, which was & fe A aiteor citizens ° a ont i that contrac ntact with that government to abide BY abet fa ig concerned. (slam lays jam so. far as is pel yan ty 20 ts ny les of § palatable for the Muslims.564 _ Islamic Studies and adhered to in letter and spirit by the Prophet (PBUH) himself. The really sy, ty Muslims are those who guard their covenants’ (al-Muminun 23: 8). Fulfil your ggvce*il # is an injunction oft-repeated. Solong as the other party does not violate a coyeverans: | does not intrigue openly or secretly to prepare for aggression against you, yoy ail: wo to fulfill the covenant even with the semi-barbarous polytheists. ‘The polytheisig , whom have entered into a covenant and they have not violated any part of it, ang (i 4 have not aided anyone against you, you are ordered to fulfil your covenant with ed 4 (09: 4). Whenever the Prophet (PBUH) sent out his troops, he especially impresseg ys t them the duty not to cheat and not to break any covenant. War is supposed tobe agen fy of stratagem and deception and it is proverbial that as in love everything is fair in wa meaning thereby that all fundamental rules of morality could be violated with im unit f Deceiving the enemy about your strength and your intentions on the battlefield is 4 necessity of war but, outside that, Islam enjoins on its followers to adhere to fundamenta, human virtues even with a warring opponent. Perfidy and breaking of a promise are Not allowed under any circumstances. All Muslim jurists are agreed on this point. There was @ case during the reign of Khalifa 'Umar when a single Muslim, who was not authorised, promised a beleaguered enemy garrison safety of life and property, if they surrendered, When the Muslim troops wanted to lay hands on them, they produced the promise offered them by a Muslim individual. The Khalifa ratified the promise, saying that although the man was not authorised, yet the promise of one of us shall be taken as a promise held out by a proper authority, as if it were authorised by the whole community. The same law that enjoins the keeping of covenants in war applies also to relations between Muslim subjects and non- Muslim states. Hidaya, the famous book of Muslim law and jurisprudence, expressly states: “Whenever a Muslim enters a non-Muslim state it is enjoined on him to respect the life and property of-its inhabitants, because he has, tacitly entered into a covenant that he would do so.” seed ARRAN Features of Islamic Political System: i. Government by Consultation: Mutual consultation among the Muslims is a commandment of the Holy Quran and an injunction of the Sunnah of the Holy Prophet (PBUH). The Quran says: “And those who respond to their Lord and keep up prayer, and their rule is to take counsel among themselves, and who spend out of what We have given them” (al-Shura 42:38) Itwas also the practice of the Holy Prophet (PBUH) who consulted his ompanion’ all matters of state. The institution of Majlis al-Shura (Consultative Council) was develope’ the Khulfa al-Rashideen subsequently. This Institution is the foundation of democral government in Islam. Importance of Shura (Consultation): The Quran (Aal-Imran 3:159, al-Naml 27:32, akShura 42:38, Muhamma commands the Muslims time and again to take their decisions after consultation, whel public matter or a private one. The practice of the Prophet (PBUH) has reinforce disposition. For, in spite of the exceptional quality of his being guided by te 4 revelations, the Prophet (PBUH) always consulted his.companions and the represental ardent the tribes of his adherents, before taking decision. The first caliphs were not less ij 47:21) ther in this aIslamic Coe or tity S wality of all Citizens: it The fundamental doctrine of Istam is the jc teachings of the Tawhia, As equality of ali : AS Allama Iqbal one mankind. It is imp I puts it "tne nd It is implied in the Ie essanc Sea et . inion OF eountry islam dose na aM On the grouny ef ATH Olly there is Foe equality and rane geeHeve in tertoral ane foe: COU, language, ves in Ul Nationalism of mankind, and ethnic nationatigen perc ~ . am The Holy Prophet (PBUH) declared in his Farewals ErMon: Accordingly, in of Tawhid as "0 people verily your Lord is on le and yx "7 belong to Adam and Adam was mede ee is one". All of you superiority for an Arab over a non-Arab or Jor go here iso Arab or for a white-skinned over a black skinned ote over an skinned over a white-skinned except in piety” ® Black: ji, Rule of Law: The Prophet (PBUH) said cSY,»ady, § iyleged profession or a caste and made ev y ner (stem abolshed priesthood as a Ste and made every man his own priest. Islam establis! equality before law and practiced it to the extent never practiced before it. The Pr sat (PBUH) never considered himself to be above law and offered himself to others fot tetaliation even when he had unwillingly hit them. He told his daughter Fatimah not o ae any privilege or exemption from ordinary law; if you steal, by God, your hand will be iv. Foreign Policy: The first Muslim state was founded and governed by the Prophet (PBUH). it was the oiy-state of Madinah, a confederacy of autonomous villages, inhabited by Muslims, Jews, Pagan Arabs, and possibly a handful of Christians. The very nature of this state demanded a ‘lgious tolerance, which was formally recognized in the constitution of this State, which document has come down to us- Principles of foreign policy include the following: * Treaties with foreigners are to be honoured. * The ambassadors enjoy diplomatic immunity. They enjoy liberty of creed, security of sojourn and return. * Foreigners residing in an Islamic te! * The Muslim taw of Jihad is humane. not be molested, nor trees and crops cut down, comes to term.” Obedience to Ruler: 4 The Quranic injunction calls upon the Muslims to a the »: rritory are subject to their personal laws. old and infirm men should a jan, children, stat peace withheld when the enemy Yel the ruler among id id Wrong: Jer to order good and der Good and Forbid Wrong: ‘ain morality. It asks the i Mt ie Frat ‘slam enjoi State to main al ath wong: en bi amar | munkar, The it ‘These Quranic Wrong: i al-maruf wa nahi-an-al an iting wrong. i amr bi amar ma et vet others OM COM Cectves ofthe flare joj te Pon each other to do goo are very significant in as ™! “ uch as they declare thi Sl tobe the enforcement of duties ‘on the Muslims:A 586 islamic Studies ‘ ag deadly gyal 5 818 50 1gily SOLLall 1 yatil yea oo AUK Gy 3 ABE a3" SEH oe “Those who, should We establish them in the land, will keep up Preyer and pay the poor-rate and enjoin good and forbid evil; and Allah's ia t, end of affaire’ (aLHajj 22:41) vil. Establishment of Zakat: Collection of Zakat is one of the essential functions of the Islamic State, Iti primary duty of the Muslims, who are enjoined to pay it as dutifully as they performs @o@te | prayer. Ne lite SSS SE vil, Justice Justice is the inviolable foundation not only of the God-made order but ISO of the human order which is established to reflect it. ix. Tolerance and Co-existence The non-Muslims would be granted complete liberty of religious belief and practice and their equality before the law is to be guaranteed. A non-Muslim can sue even te president of the republic in the court, as it actually happened during the reign of the Khalifas. The life, honour and property of the non-Muslim subjects of an Islamic state ‘would receive full protection and no Muslim shall be allowed to plead a privilege against him. x. Rights of Non-Muslims in Islamic State The fundamentals of the constitution of Islamic State would guarantee equal ci) liberties to all subjects. All non-Muslim religious communities would have the right to get their cases decided according to their own personal laws, if they do not violate elementary human rights. The Islamic State “Islamic State” is a fairly new name for what was formerly termed as (a) the Khilafat (constitutional presidency elected on the basis of free will and common consent of the Muslims), and (b) the Imamat (apostolic succession preordained from God within the family of Ali, son-in-law and cousin of the Prophet, as the Imam, the supreme law-giver, vicegerent and shadow of God on earth). The concept of “constitutional presidency" or “the caliphate” is subscribed to by avast majority of Muslims. Its first expression came about when the people of Medina, by ue consent, invited the Prophet to Medina as arbitrator and Head of the State. A similar ae was given to the Rightly Guided Caliphs on the occasions of their appointments ete position of the head of the Islamic state. This practice was based on several verses Quran, and on the Sunnah of the Prophet. mits imposed Once the Caliph was elected, his powers were restricted within the fit col the Quran and the Sunnah. He was not supposed to be an autocratic ruler; i in letter removed from office, He and the Ummah were to follow the Quran and the Sunne ented and spirit but whenever the two sources did not give clear guidance, the Unio a to legislate by /jma‘ (Consensus) which had validity and was a binding rule ee ad been were the established provisions of the Quran and the Sunnah. The exercise of im established as a public right which every Muslim could exercise. ate The notion of sovereignty in Islam is different from the one’ that is Prev _ I{slamic Code of tite 67. | ee anty a eka the Ultimate source of ign io Hit ing to Ie P, of “authori | ape to Him. Rulers, according to the Islarie cone te Clon and ott and pe Cai ies on elie expression of the eae general 2 usts it to the 4 ign will of God, is? of the authority was delegated in ben nif : He alone eed - ce ; the power to exercise sovereignty was dabgee ste, After the death of the ut of ma’ The Ummah exercised this authority when it ihe death of the Prophet. The Caliphs were aware of this. Whe loved to choose its leader jtried to persuade him to seize power secretly and by fie Ri len, some of the Supporters it must be with the consultation of the Muslims” Ped: "t eannot come to rover secre Owing to the fact that the final interpretation of |: icatie aisrafon were feft in human hands, a broad range of legal authonty cag eosin and caliph. He was ote the responsibility for performing two inosperable function: wo - the purposes of Shatiah, and (b) to manage the economic politcal afas of the The edifice of the Shari'ah was built on the notion of Maslahah (public welt: i ‘ fare). This yes elaborated by Imam Ghazali to include the. fundamental woh of the linens as sqnciated in the Quran.and the Sunnah. {t further implied that these were the goals of preservation and protection of the basic Public interests. Such public interests included: first, jeedom in the choice of religion and its practice as required by the Quran. Second, the potection of life and the preservation of human dignity, which implied freedom of action, of tyinion and of thought, and that man’s faculty of thought may not:be curtailed. or influenced ly any means, From this derived the prohibition of liquor or drugs, Third, the guarantee of pocreation. This involves family, affirms marriage, rearing of children, the prohibition of ‘smication and so forth. Fourth, the protection of the individual's property, so as to forbid tubbety and theft, and to systematize transactions and dealings amang people, to discourage bibery, monopoly and aggression. The political concept of the Caliphate is at variance wih te concept of the theocratic state whose main feature is a direct rule of “God or "gods". Malcom Kerr interprets the nature of the Islamic political system as follows: Juridically he (Caliph) is simply the legitimate ruler of the Musi Communty, utes system of law. The community is therefore governed by = Here y Ati religious origin, is still the rule of faw and not of a priestly class. ; rm “theocracy” is undesirable or Majid Khadduri also holds that the use of the tem ‘eet a more €rroneous for the Islamic political system, and he sugge! Wie of law believed to be of falhatu term, since it refers to a political system based in a co Ty i sentially ept of state, which was ess ne a rani, Sgonerated into. an authoritarian, system et ae bute “sovereign by his predecessor, fates « a eae ‘was installed by force and aan : ‘the original islamic cone hem he reais forthe hereon) SHS Se With the § fe passage of Renta st is essence 98 ¢ Tea Caliph was designed as Yoorec.l” the same dynasty. Quite often, te ®".The jurists, in their deviation from > fended yon Ummah to choose the Caliph, Cris They det uns Of politi p “fear ol Political necessity and “fea chy. “te evils when the alternative was 272 Yeh568 _ Islamic Studies The office of imam / Caliph (Head of Islamic State): ) The institution is called the ‘Caliphate’ or the ‘/mamate’, The person i Called the ‘Caliph’ or ‘the imam In later times, he has been called ‘the Sultan’. "9° of iti, In other words, all power which any one has over another is a trust and the ty the power is only the owner of it in name and should the condition on which sueh ¢US#e o Power of ownership is made be violated, the wielder of the power becomes account Fant of s in this sense that the ruler is accountable to the humblest subject in the realm me Ang itis this liablty to account for any abuse of power, for which the victim of the abuse imeed Power has the absolute and unqualified right to claim redress that constitutes tho’ S% effective attribute of a just society. Grunebaum says: "Muslim public law does not stay!" @ definition of state, but from that of the imamat the leadership of the community. Concept of the state is alien to Muslim political theory in its classical phase". 7 In Islam all power and authority belongs to God, and with man there is only del Power which becomes a trust; everyone who becomes a recipient or a done of such oe has to stand in awful reverence before his people towards whom and for whose sake the be called upon to use these powers. This was acknowledged by Caliph Abu Bakr who hae . his very first address: " “My fellow men | called God fo witness, | never had any wish to hold this office, never aspired to possess it, neither in secret nor in the open, did | pray for it. | have agreed to bear this burden lest mischief raise its head; Else there is no pleasure in leadership. On the other hand, the burden placed on my shoulders is such as, | feel, | have no inherent strength to bear and so cannot fulfill my duties except with divine help. You have made me your leader although in no way am | ‘superior to you. Co-operate with me when | am right but correct me when | commit error; obey me so long as | follow the commandments of Allah and His Prophet (PBUH); but turn away from me when | deviate”. Against such a ruler as Abu Bakr al-Siddique no subject could conceivably put forward a “partition of rights” and claim that his human rights be acknowledged if only because Abu Bakr himself refuses to claim any power over any one and chooses to conduct the affairs of the realm strictly in accordance with the teachings of the Book of God. For him, not his will, but God’s Will is the law. Consequently the sort of constitutional battles that have been waged between the sovereign and the subjects in the west are unknown in Islamic history. i. Selection of Head of State/Process of Election: In the words of Dr. Muhammad Hamidullah: “To recognize the Prophet (PBUH), one used to take the oath of allegiance and one did the same for the caliphs at the moment of their election. The basis of the state organization is a contract concluded between the ruler and the ruled. In practice, only persons the most representative of the population take this oath of allegiance. This nomination under a contract of course implies the possibility of the annulment of the contract and the deposition of the ruler by the sam@ representative personalities. ii, Duties and Functions of an Islamic State: Jim state According to Dr. Muhammad Hamidullah, the duties and functions of a Mus!Jslamic Code of Lifg 569 pe involving executive (fo : Mm ; f the civil-and ilitary administration), legislati i '@, judicial, pee cutive. dor alates eS Not require elaby : obtains everywhere in the world. The covereont ao: it is self-evident, and elongs i whieh is edministered by man, for this well-being of all wihout oot and itis a trust exception. Legislation can be carried out in the light of Quran and Hadith, ladith, In the domain of judiciary, there is e Wuali head of the state is not exempt even eanouneee Before few, in which the » By cultural duty, we mean the vey rai » Word of God alone should prevail in this MoU teaieen Sree individual Muslim and the Muslim government, not only to Seen one every law in daily behaviours, but also to organize foreign missions in pe eae others know what {slam stands for. The basic principle, as the Quran re says, is that “There is no compulsion in religion.” Far from implying a lethar ; and indifference, a perpetual and disinterested struggle is thereby imy ced 19 persuade others for the well-foundation of tslam. = «To fight for Right: ‘The justification of the righteous in resulting oppression when not only they put their Faith is persecuted and when they are led by a righteous Imam, is that it is a form of self- sacrifice. They are not fighting for themselves, for fand, power, or privilege. They are fighting for the right”. + Allah says: Sal 5 as all iy 9308 Y! ¥ asa able Sas) GR GST ousll GAT Gat GL “You are the best of the nations raised up for (the benefit of) men; i eet .d believe in Allah; you enjoin what is right and forbid the na fe ea ee badly and if the followers of the Book had believe i i ost of them are better for them; of them (some) are believers pa mee nO selaio: chings ofQue'an and al Thus Islam gives a compiete politic 88 Nazih N, Ayubi puts it? ; tate builders, In “Muslims had indeed been Stat states Such fields as military expansion, Jere iney pro administrative techniques-i7 this Europeans”. ) system based on the tea the practical sensé, in int srrangements ae bably precede