Political Science

Paper 1

2019

QNO.1

Evaluate Aristotle’s classification of government in detail

(20 Marks)

Classification of state or government:

State
According to Aristotle
A state is an association which exists for the good of its members.
If its power is exercised for the good of the people, the ruled, the State is of a normal
or good form. But if it is exercised for the benefit of the rulers, it is then a bad or
perverted State.
When monarchy becomes perverted, it becomes a tyranny, and when a polity is bad,
it is what Aristotle calls a democracy, which may be translated as a mob-ruler or
Mobocracy.

Aristotle’s classification of states is based on two principles:

Number of Persons
The number of persons who exercise supreme power.
Purpose
The purpose they seek to serve self-interest or benefit of the community.
Aristotle’s view was that when the rulers aimed at the good of the community, the
states would be a pure form of state. When the rulers in such a state became selfish,
the state would be called a perverted state
Classification of Forms of Government:
Monarchy:
A government by a king who rules for the good of the whole community.
Tyranny:
A perverted form of monarchy in which the one ruler uses his supreme authority for
his own selfish ends or benefits.
Aristocracy:
The rule of the few good rulers who exercise supreme authority for the well-being
of the people. Oligarchy:
The selfish government of the few rich men in their own interests.
Polity:
A good form of the rule of the many for the good of all.
Democracy:
Aristotle says: The rule of the poor who are many but lawless, just as an oligarchy
is the rule of the few rich, who are selfish.

Aristotle’s Cycle of political change:

According to him, Cycle of Political change has taken place in all the forms of
administration as a natural process, because the forms of state revolve like the wheels
of a cycle. According to him, “The first governments were kingships; probably for
this reason, in olden times, when cities were small, men of eminent virtues were few.
They were made kings because they were made benefactors and hence benefits could
only be bestowed by virtuous men. But when many persons equal in merit arose,
against the pre-eminence of one, they formed a Commonwealth and set up a
constitution. The ruling class soon deteriorated and enriched themselves out of the
public treasury. Riches became the path to honor and hence oligarchies grew up.
They passed into tyrannies, and tyrannies into democracies. The love of gain in the
ruling classes always tended to diminish their number and so it strengthened the
masses. The masses, in the end, set upon their masters and established democracies”
It is clear from this statement of Aristotle that first of all monarchy war established
in the society and the superior person in the society was elected as king. After some
time when the kings began to exploit the masses for their selfish ends, tyranny was
established. People did not tolerate this type of administration for long and they gave
the sovereign power to a few intellectuals. Thus, Aristocracy was established. With
the lapse of time, the character of Aristocracy deteriorated and Oligarchy was
established. But the people could not, for long, tolerate a government, the aim of
which was the benefit of the ruling class-alone. When opportunity came, citizens as
a whole made a successful revolt against such authority and established a Polity, the
supreme power being vested in the hands of a large proportion of the population. *It
was used by them for the common good, “hen Polity became perverted, it was
substituted by Democracy. Democracy degenerates and people rise in revolt against
it and thus democracy disappears. Again the people elect a warrior-statesman as their
administrator and Monarchy is established. In this way, Aristotle’s cycle of political
change revolves.
Criticism of Aristotle’s classification:
Aristotle’s classification is unscientific and quantitative: It is argued that his
classification is not based on any scientific principle as it lays emphasis on
quantitative rather than qualitative aspect.
Aristotle does not distinguish between State and Government:
Aristotle’s classification does not cover all the modem forms of Governments: This
will bring similarity between the Monarchy as it prevails in Saudi Arabia and Great
Britain, while both are not the same. Besides, modern forms of government are
Parliamentary, Presidential, Unitary and Federal types.
Democracy is not the worst form of Government:
Aristotle’s cycle of change does not fit in with the development of modern state
There is no place for mixed Forms of Government in Aristotle’s classification:
Modern governments are mixed governments. For example, Great Britain is
Monarchy, and the government in that country is Unitary and Parliamentary. There
is Federal, Parliamentary and Democratic Government m India. The U.S.A. is a
democratic and the government in that country is Presidential and Federal.
QNO.2

Explain the concept of Ideal State as presented by Al-Farabi

(20 Marks)
It is also on PMS Written notes 2019

Al-Farabi:

Introduction
• Abu Nasr Muhammad ibn Muḥammad Farabi
• known in the west as Alpharabius.
• Al-Farabi is considered the founder of Islamic Philosophy.
• He was born in 870 in a small city named “Farab” (now in Uzbekistan.)
• He is best known for his principles in the “views of the Inhabitants of The Virtuous
City”.
• He studied in Khorasan, Iran and then Baghdad.
• The main influence on al-Farabi‘s philosophy was the Aristotelian tradition of
Alexandria

Al-Farabi Contributions
•Al-Farabi made contributions to the fields of logic, mathematics, music,
philosophy, psychology, and education.
•Al-Farabi wrote important books:
The Necessity of the Art of the Elixir (in alchemy).
Kitab al-Musiqa (in music)
He discussed the therapeutic effects of music on the soul in his treatise “Meaning
of the Intellect”
Al-Farabi second teacher
Al-Farabi is known as the second teacher because he studied and explained the books
of Aristotle, the first teacher. It was at his hands that Aristotelian philosophy reached
its highest point of flourishing
Al-Farabi tried and explained the different aspects of Islam and the multiple sides of
the Arab Islamic culture in the light of his own philosophy.

The virtuous City of Al –Farabi

• According to Al-Farabi, the society is natural and very important to man.
• Because it is only through society that he finds a full satisfaction of his physical,
intellectual and moral needs.
• Thus, he attain the perfection proper to his nature.
According to him, the virtuous state must have a hierarchy of rulers coming under
the control of a supreme head or prince.
Al-Farabi classified the societies into two types:
• Furthermore he identified three kinds for each type as follows:
1. Perfect
2. Imperfect.
Furthermore he identified three kinds for each type as follows:
Perfect Society
(1) The Highest: The World State.
(2) The intermediate: The Nation State.
(3) The Lowest: The City State.
Imperfect Society
(1) The Village.
(2) The Suburb of a city.
(3) The street and house.

Concept of happiness (sa'ada).

At the heart of al-Farabi's political philosophy is the concept of happiness (sa'ada).
Al-ijtima' al-fadil
The virtuous society (al-ijtima' al-fadil) is defined as that in which people cooperate
to gain happiness.
Al-madina al-fadila
The virtuous city (al-madina al-fadila) is one where there is cooperation in achieving
happiness.
Al-ma'mura al-fadila
The virtuous world (al-ma'mura al-fadila) will only occur when all its constituent
nations collaborate to achieve happiness.

The Functions of the Supreme Ruler

The supreme ruler is the main source of all powers and knowledge in the regime.
Accordingly, he conducted certain functions:
1. Teaching: makes known what happiness is
2. Guiding: arouses determination to do things necessary for attaining happiness.
3. Have excellent comprehension of everything that must be done
4. Classifies the society and determines the ranks
5. Have the ability to make others perform the functions for which they are fit.

The Traits of the Supreme Ruler

In order to carry out these functions, the ruler must have certain traits:
1. Great Intelligence.
2. Excellent memory
3. Eloquence
4. Firmness in the achievement of good
5. Love for justice
6. Love for study
7. Love for truth
8. Aversion to falsehood
9. Contempt for wealth, temperance in food, drink and enjoyment
According to Al-Farabi , the supreme ruler can be more than one human being
because the above mentioned traits sometimes can not be found in one man.

The State Hierarchy

The State Hierarchy has three elements:
1- The Supreme Ruler
2- The Wise or Philosophers.
3- The Followers or Believers

Conclusion

His ideas aim to advance human societies and states.

He employed some of Plato’s approaches in his ideas.

He tried to balance between reason and revelation.

QNO.4

Critically examine the role of bureaucracy in political system

(20 Marks)

Meaning:
Bureau means small desks
Kratein means to rule
Bureaucracy basically means rule by office
Bureaucracy refers to all rules and procedures followed by government departments
and similar organizations

Introduction:
Bureaucracy or the Civil Service constitutes the permanent and professional part of
the executive organ of government. It is usually described as the non-political and
professionally trained civil service.
It runs the administration of the state according to the policies and laws of the
government political executive. Upon the qualities and efficiency of bureaucracy
depends the quality and efficiency of the state administration. It, however, works
under the leadership and control of the Political Executive.
The terms Bureaucracy’ and ‘Civil Service’ are popularly used as synonyms.
It refers to all the permanent employees of the government right from the peons and
clerks to the top level officials.

Definition:
“Bureaucracy means the civil servants, the administrative functionaries who are
professionally trained for the public service and who enjoy permanency of tenure,
promotion within service-partly by seniority and partly by merit.”
Main Features:
Permanent Character:
The civil servants hold permanent jobs in government departments. They mostly join
their services during their youths and continue to work as government servants till
the age of retirement which is usually 58 to 60 years.
Hierarchical Organization:
Bureaucracy is hierarchically organized in several levels. He is under his immediate
higher level officials and is above his immediately lower level officials. The
principle of rule of the higher over the lower governs the inter-relations between
various levels of bureaucracy.
Non-partisan Character:
The members of the Bureaucracy are not directly involved in politics. They cannot
join political parties and participate in political movements. They are not affected by
the political changes which keep on coming in the political executive. Whichever
party may come to power and make the government, the civil servants remain
politically neutral and carry out their assigned departmental roles impartially and
faithfully.
Professional, Trained and Expert Class:
The Bureaucracy constitutes the educated and professionally trained class of persons
which helps the political executive in carrying out its functions. The members of
civil service are recruited through competitive examinations for appearing in which
they have to possess some minimum educational qualifications. Before their
appointments, they get special trainings. During the course of their service they
attend orientation and refresher courses. They have the knowledge, training and
expertise necessary for carrying out their administrative work.
Fixed Salaries:
Each member of the Bureaucracy receives a fixed salary. Right at the time of
appointment he is allotted a scale of pay, which depends upon the nature and level
of his job-responsibility. All the civil servants belonging to a particular class of
administrative hierarchy are placed in one scale of pay. Each job also entitles them
to some allowances.
Bound by Rules and Regulations:
The Bureaucracy always works in accordance with ‘rules and regulations’. ‘Strict
obedience to rules’, ‘Through Proper Channel’, ‘Decision-making after satisfying
the rules’, are the principles which always guide, direct and regulate the working of
bureaucracy. Each official works only within the sphere prescribed for him by the
rules of his department.
Class Consciousness:
The Civil Servants are highly class conscious. They jealously work to protect and
promote the interests of their class of civil servants. They are called the white-collar
class because of their faith in their ‘superior status’ as government officials.
Public Service Spirit as the Ideal:
Modern Bureaucracy identifies itself with public service spirit. It always tries to
project itself as the civil servants devoted to the promotion of public welfare through
the satisfaction of public needs. They are expected to behave as ‘officers’
responsible for public welfare, with service as their motto.
Bound by a Code of Conduct:
The civil servants have to follow a code of conduct. They have to act in a disciplined
way. Their rights, duties and privileges stand clearly defined. The procedure of work
is definite and settled. They can be punished for misbehavior, incompetence or
negligence or for a violation of their conduct rules. In short, Bureaucracy is
characterized by political neutrality, professional competence, permanent/ stable
tenure, fixed salaries and strict obedience to rules.

Role of Bureaucracy: Functions:

Bureaucracy or Civil Service plays a key role in running the Public Administration
by performing the following functions:
Implementation of Governmental Policies and Laws:
It is the responsibility of the bureaucracy to carry out and implement the policies of
the government. Good policies and laws can really serve their objectives only when
these are efficiently implemented by the civil servants.

Role in Policy-Formulation:
Policy-making is the function of the political executive. However, the Bureaucracy
plays an active role in this exercise. Civil Servants supply the data needed by the
political executive for formulating the policies. In fact, Civil servants formulate
several alternative policies and describe the merits and demerits of each. The
Political Executive then selects and adopts one such policy alternative as the
governmental policy.

Running of Administration:
To run the day to day administration in accordance with the policies, laws, rules,
regulations and decisions of the government is also the key responsibility of the
Bureaucracy. The political executive simply exercises guiding, controlling and
supervising functions.

Advisory Function:
One of the important functions of the Bureaucracy is to advise the political
executive. The ministers receive all the information and advice regarding the
functioning of their respective departments from the civil servants.
Role in Legislative Work:
The civil servants play an important but indirect role in law-making. They draft the
bills which the ministers submit to the legislature for law-making. The ministers
provide all the information asked for by the legislature by taking the help of the civil
servants.

Semi-judicial Work:
The emergence of the system of administrative justice, under which several types of
the cases and disputes are decided by the executive, has further been a source of
increased semi-judicial work of the bureaucracy. The disputes involving the grant of
permits, licences, tax concessions, quotas etc. are now settled by the civil servants.

Collection of Taxes and Disbursement of Financial Benefits:

The civil servants play a vitally important role in financial administration. They
advise the political executive in respect of all financial planning, tax-structure, tax-
administration and the like. They collect taxes and settle disputes involving recovery
of taxes. They play a vital role in preparing the budget and taxation proposals. They
carry out the function of granting of legally sanctioned financial benefits, tax reliefs,
subsidies and other concessions to the people.
Record-Keeping:
The Civil Service has the sole responsibility of keeping systematically all
government records. They collect, classify and analyze all data pertaining to all
activities of the government. They collect and maintain vital socioeconomic
statistics which are used for the formulation of Public policies and plans.

Role in Public Relations:

The era of modern welfare state and democratic politics has made it essential for the
government to keep close relations with the people of the state. The need for
maintaining active and full public relations is a vital necessity of every state. The
civil servants play an active role in this sphere.

Control over Bureaucracy:

The rise of modern welfare state and increase in its functions has been a source of
big increase in the powers and role of Bureaucracy. It has, therefore, given rise to an
additional need for exercising control over bureaucracy. An effective control system
has become essential both for preventing the civil servants from abusing their powers
as well as for ensuring their active and positive role. In fact, every state maintains a
system of internal and external control over Bureaucracy.

Internal Control:
It means control applied from within the organization i.e. by the administrative
machinery. The administrative organization is hierarchical and is divided into wings,
divisions, branches and sections. There are present some internal controls in its every
section. The tools of control are budgeting, accounting, auditing, reports,
inspections, efficiency surveys, personnel control, code of conduct, and discipline
and leadership control.

In particular, regular internal inspections, auditing of accounts and evaluation of the

performance of each civil several act as main means of internal control over
Bureaucracy Internal control is necessary for keeping the bureaucracy efficient and
productive of desired results.

External Control:
External control is that which flows from outside agencies. These agencies are the
people, the legislature, the executive and the judiciary.
QNO.5

Give an account of Al-Ghazali’s theory of Khilafat

(20 Marks)
It is also on PMS Written notes 2019

Introduction:
His full name was Abu Hamid Muhammad ibn Muhammad al-Ghazali
He was a Persian polymath, who was one of the most prominent and influential
philosophers, theologians, jurists, logicians and mystics, of Islam.
Imam Ghazali mentions in his book Al-munqudeen-al- dalal, that he spent 38 years
in the search of truth from place to place and studied different schools of thoughts
of that time.
He also performed several pilgrimages to Makkah and once took an oath, while
standing beside the stone of Abraham (Maqam-e-Ibrahim) in the Khana Kaaba.
He swear that:
• I will not go to the court of any king
• I will not get any money from rulers
• I will not indulge in any type of discussion with scholars.

The importance of Knowledge:

According to Ghazali, knowledge can bring us closer to God as well as enhance
worldly respect and position. Knowledge, according to him is not relative but has an
entity in itself. It can raise the status of the individual, create self respect and take
him to the highest position.
Ghazali divides knowledge into two types
Useful or desirable knowledge
Useless or undesirable knowledge
Useful knowledge:
It is further divided into two
Farz-i-Ain: (Compulsory)
This knowledge is obligatory for all and contains the knowledge of Islam
Farz-i-Kafaya: (Optional)
This knowledge is optional and depends on the will of the individual.
It is further divided into two:
Worldly knowledge
Religious knowledge
Useless Knowledge:
Although no knowledge is useless, it is not desirable if it can create an undesirable
effect such as
If it harms somebody like magic etc
If it leads to thinking about God.
Ghazali says that these matters should be left only to prophets and saints.

Aims of Education:
• Ghazali based his aims of education on Islamic ideology.
• According to him, the major aim of education is that it is useful. The knowledge
gained as a result of education should be useful both for individual and the society.
It means that the aim of education is character building of individual so that it could
differentiate between good and evil and avoids following the evil path.
Johnn Herbart proposed the same ideas about 700 year after the demise of Ghazali.
Human beings are imperfect creatures
According to Ghazali, human beings are imperfect creatures and are similar to the
seed. They have the ability and capacity to become perfect, only the suitable
conditions are required. According to him, good character means good deeds.
Ghazali has given the following four ways in which deficiencies can be identified
and removed. Perfect teacher
Such teachers that have spiritual insight and knowledge and has the ability to analyze
deficiencies of others
Close friends:
We can identify our deficiencies with the help of our close friends
Foes:
We can know more about our deficiencies from our foes.
Self analysis:
Ghazali also stresses on self-analysis from time to time.

Curriculum:
Ghazali strongly criticizes the curriculum of his time. He raises the basic question
of criteria for selection of subject matter for curriculum. He studied the various
curriculum's in his times and reached the following conclusions:
More time is spent on religious education and worldly education is completely
ignores
Worldly education is equally important
While teaching religious education, a great number of differences arise among the
teachers, which result in mud slinging on each other.
• No place for character building in curriculum
• Ghazali recommended that curriculum should be composed of obligatory (Farz-i-
Ain ) And optional (Farz-i-Kafaya ) knowledge. It should be a combination of
religion and worldly education.
• Ghazali included industrial education, textile, agriculture, tailoring and hair cutting
in the curriculum • This indicates that Ghazali’s educational ideas are progressive.
• Ghazali also stresses the acquisition of philosophy and logic

Discipline and Imam Ghazali’s philosophy:

Imam Ghazali forwarded very important views about discipline. He is not in favour
of maintaining discipline on the basis of fear and intimidation. Discipline should be
maintained on the basis of love and understanding. He is in favour of developing a
good relationship between the students and the teachers. The teacher should not
scold the students and treat them with kindness and sympathy. The teacher should
act as a role model for the students. He is deadly against of using punishment in
educational institutions, because it did not bring any positive result in the learners.
It does not encourage students to be creative and flourish their minds.

Khilafat:
Definition
khilafat refers to the leadership of the Islamic community after the death of the
Prophet. Simply, the Muslim community was to be headed by a pious and learned
mail member. The Prophet’s clan, who was to defend the land of Islam, enforce the
law, appoint and supervise godly officers and judges, and to collect and distribute
alms.
Anyhow, al-Ghazali says that the Khilafat (caliphate) is necessary because it protects
the Muslim World from internal and external dangers. In fact, “the good order of
religion is possible only through the good order of the world”, which, in its turn, is
dependent on an “imam who is obeyed”
State according to Al-Ghazali:
Khilafah/caliphate is a divine state and Allah (SWT) is the Supreme Authority. Thus
His divine laws should rule. He thought khilafah is necessary to protect Muslim’s
religious, social and political rights and from internal conspiracies and external
invasion. His definition of khalifah as khalifatulllah was an innovation in a sense
that the four earliest caliphs, Khulaf-e-Rashideen, never claimed to be Khalifatullah
but Khalifatur-Rasool (the successor of the Prophet).
Constitution
The constitution by Imam Al-Ghazali is appointed by Islamic law (the Shari’ah)
principles contains guidelines and rules for all aspects of a Muslim's life, such as
how to pray, the proper way to conduct a business transaction, how to bury the dead,
as well as crimes and punishments. Traditionally, these laws were based largely upon
the Qur'an and the Sunnah, which is the practice of the Prophet.
The Traits of the Supreme Ruler
In order to carry out these functions, the ruler must have certain traits:
1. Great Intelligence.
2. Excellent memory
3. Eloquence
4. Firmness in the achievement of good
5. Love for justice
6. Love for study
7. Love for truth
8. Aversion to falsehood
9. Contempt for wealth, temperance in food, drink and enjoyment
According to Al-Ghazali, the supreme ruler can be more than one human being
because the above mentioned traits sometimes can not be found in one man.

Conclusion
Imam Ghazali was a great Muslim educationist and presented many fruitful theories,
aims, methods and curriculum of education. He suggested a utilitarian type of
education to enable the learner to carry a successful vocation and profession. He
emphasis personal experiences and teacher- pupils’ relationship. The same views
have been presented by the modern educationist even after lapsing of one thousand
years. Whatever he had presented many years before is implemented today. He was
a great educator. In short we can say that the contribution of Ghazali to education,
what he said later reflected by western educators. That was actually originated in the
times of Ghazali.
QNO.6

Discuss basic human rights in Islam with reference to Holy Quran and Hadith-
e-Nabwi (SAW)

(20 Marks)

Human rights:
Human rights are what makes us human. They are the right to life, liberty and the
pursuit of happiness. Basically, human beings have agreed by social contract that we
have the right to be treated with dignity and respect, and every person has this right.

Sources of Information on Human Rights in Islam

Quran is the primary source
• The Quran is the primary source of every Muslim’s faith and practice.
• It is the first document dealing with all the possible aspects of Human Rights.
• It deals with all the subjects which concern human beings, such as, wisdom,
doctrine, worship, trade, day to day affairs, transactions and law.
• It provides guidelines and detailed teachings for a just society, proper human
conduct and an equitable economic system.
Hadith is the other source:
• The other source of knowledge on Human Rights in Islam is Hadith which
comprises traditions and sayings of Prophet Mohammad.

The Islamic Approach to Human Rights

• Human Rights in Islam we really mean that these rights have been granted by God
and not by any Government.
• The rights granted by Government can be changed or withdrawn in the same
manner in which they are conferred.
• In Islam, Human Rights have been conferred by God and therefore these are
permanent and can not be changed.
• Any charter, proclamations or resolutions on Human Rights by Governments or
the United Nations therefore can not be compared with the Rights sanctioned by
God.

Human rights are as follows:

Right to Life
This means that nobody, including the Government, can try to end your life. It also
means the Government should take appropriate measures to safeguard life by
making laws to protect you and, in some circumstances, by taking steps to protect
you if your life is at risk.
The Holy Quran says:
• Whosoever kills a human being without any reason is like he had killed all
mankind
• Saving a life it is as though he had saved the lives of all mankind
Quotes of Prophet Muhammad (PBUH):
The best among you is the one who doesn't harm others with his tongue and hands.
I leave behind me two things, The Quran and My Sunnah and if you follow these
you will never go astray.
Implication Islam is clearly against terrorism of all kinds and those who are involved
in such activities can not be called Muslims Implication Islam is clearly against
terrorism of all kinds and those who are involved in such activities can not be called
Muslims
Respect for the Chastity of Women
Another important thing that we find in the Charter of Human Rights as granted by
Islam (given in both Quran and Hadith) is that:
“A woman's chastity has to be respected and protected under all circumstances,
whether she belongs to our own nation or to the nation of an enemy, whether we find
her in the wild forest or in a conquered city; whether she is our co-religionist or
belongs to some other religion or has no religion at all.”
Right to a Basic Standard of Life
The right to an adequate standard of living requires, at a minimum, that everyone
shall enjoy the necessary subsistence rights: adequate food and nutrition, clothing,
housing and the necessary conditions of care when required.
Speaking about the economic rights the Holy Quran enjoins upon its followers: “And
in their (rich and prosperous people) wealth there is acknowledged right for the
needy and destitute
Therefore the clear meaning of this verse is that anyone who asks for help and
anyone who is suffering from deprivation has a right in the property and wealth of
the Muslims. If a Muslim is in a position to help poor and destitute, it is his duty to
do so. God has established the right of poor over wealthy Muslims, honouring which
is one of the 5 mandatory acts of a Muslim.
This act in Islam of helping poor and needy persons is called Zakat.
Zakat
Zakat is one of the 5 Pillars (absolutely mandatory acts) which makes it mandatory
for Prosperous Muslims to help poor and needy people.
• Zakat is a tax that rich people have to pay by way of helping destitute. The word
has also been adopted in Marathi language meaning “tax”.
• The purpose of Zakat is TO PROVIDE BASIC STANDARD OF LIFE to poor in
the neighborhood and among those acquainted.
• Zakat is mandatory for those who have gold, silver and cash cumulatively
equivalent to the price of 85 Grams of Gold held in possession for a period of 1 year.
• At present a Muslim with a maintained possession of gold, silver and cash
equivalent to a minimum of about Rs 2 Lacs and 50 Thousands over a period of 1
year has to pay Zakat.
• Zakat is 2.5% of above mentioned accumulation. For example, if some one has
possession of Rs 10 Lacs, he has to pay Rs 25,000/- as Zakat
• A person may also give as much as he or she pleases as voluntary alms or charity
• Zakat is unique to Islam as a laid down mandatory act as declared in Holy Quran
Individual’s Right to Freedom
• Islam has clearly and categorically forbidden the primitive practice of capturing a
free man, to make him a slave or to sell him into slavery.
• On this the clear and unequivocal words of the Prophet Mohammad are that he
hated those who enslaves a free man, sells him and eats this money.
• Slavery was common at the time of the advent of Islam but Prophet Mohammad
encouraged his followers to free slaves and slavery was thus abolished during the
lifetime of Prophet.
• This aspect needs to be compared with the Western World where during only one
century (from 1680 to 1786) the total number of free people who were captured and
enslaved only for British Colonies amounts, according to the estimate of British
authors, to 20 million human beings.
• Over the period of only one year (1790) 75,000 human beings were captured and
sent for slave labor in the Colonies.
The Right to Justice
The Holy Quran has laid down:
• Do not let your hatred of a people incite you to aggression" (5:2).
• Act justly. Truly, God loves those who are just.
• Let not the hatred of others make you avoid justice. Be just.
This makes the point clear that Muslims have to be just not only with ordinary human
beings but even with their enemies. Justice to which Islam invites is meant for all
the human beings of the world.
Equality of Human Beings
This has been exemplified by the Prophet in one of his sayings:
"No Arab has any superiority over a non-Arab, nor does a non-Arab have any
superiority over an Arab. Nor does a white man have any superiority over a black
man, or the black man any superiority over the white man.”
Islam has provided a vivid example of how racism can be ended. The annual
pilgrimage (Hajj) to Makkah shows brotherhood of all races and nations, when about
3.5 million Muslims from all over the world come to Makkah to perform the
pilgrimage.
Islam is totally devoid of racial or caste feelings of any kind. Racial feelings are still
prevalent in the West and India still has deep rooted caste divide.
Right to Co-Operate and Not to Co-Operate
Quran Says:
"Co-operate with one another for virtue and heedfulness and do not co-operate with
one another for the purpose of vice and aggression".
This means that the man who undertakes a noble and righteous work, irrespective of
the fact whether he is living at the North Pole or the South Pole, has the right to
expect support and active co-operation from the Muslims.
On the contrary he who perpetrates deeds of vice and aggression, even if he is our
closest relation or neighbour, does not have the right to win our support and help in
the name of race, country, language or nationality, nor should he have the
expectation that Muslims will co-operate with him or support him.

Rights of Citizens in an Islamic State

• The Security of Life and Property
• The Protection of Honuor
• The Sanctity and Security of Private Life
• The Security of Personal Freedom
• The Right to Protest against Tyranny
• Freedom of Association
• Freedom of Conscience and Conviction
• Protection of Religious Sentiments
• Protection from Arbitrary Imprisonment
• The Right to Basic Necessities of Life
• Rulers Not Above the Law
• The Right to Avoid Sin
• The Right to Participate in the Affairs of State

Other Human Rights Related Issues in Islam

• The Rights of the Non-Combatants
These apply to women, children, old and sick people not participating in war. There
are clear instructions that non-combatants are not to be killed, tortured or taken
prisoners. People sitting at place of worship not harmed.
• The Rights of the Combatants
1. No Torture with Fire
2. Protection of the Wounded
3. The Prisoner of War should not be slain
4. No one should be tied to be killed
5. No Looting and Destruction in the Enemy's Country
6. Sanctity of Property
7. Sanctity of a Dead Body
8. Return of Corpses of the Enemy

Conclusion
When principles of Human Rights enshrined in Islamic Scriptures are seen in the
present day context, it is difficult to believe that even seemingly trivial issues, such
as, payment of wages to a laborer, poking fun at others, calling someone by
nicknames, not spying on others and not entering some one else’s house without
permission have been taken care of. This is the divinity of the scriptures.
Islam has clearly and explicitly denounced killing of innocents and says that saving
one life is like saving the mankind. Such religion can not be termed promoting
terrorism.
Islam has denounced killing in the name of religion and asks to be tolerant, peaceful
and just.
The system of Zakat is Unique to Islam and it promotes distribution of wealth to
ensure a bare minimum standard of living to poor.
QNO.7

Existence of an independent judiciary is essential for political development.

What type of measures can be adopted of independence of judiciary in a
democratic state?

(20 Marks)

The Judiciary
The Government consists of
• The Executive
• Legislature
• The Judiciary
The judiciary deals with the interpretation and implication of the law.
It helps the judges and other organs of the government to resolve a dispute or come
up with a resolution to various problems in different departments and areas of the
State.

Pakistan
Pakistan operates on a hierarchal system and has two courts
• The Supreme Court
• The High Courts of each province

Supreme Court
The Supreme Court of Pakistan is the highest appellate court of the country
and court of last resort. It is the final arbiter of the law and the Constitution. Its
orders/decisions are binding on all other courts in the country. All executive
and judicial authorities are bound to act in aid of the Supreme Court.

Independence of Judiciary
The independence of judiciary deals with the idea of
• keeping the judicial system away from all other departments of the government
• To provide a fair and just verdict to settle cases
• To promise equal treatment irrespective of any internal or external factor
• Ensures that whatever is being decided regarding a case would definitely be in
accordance with the rule of law
• An independent judicial system is the hallmark of a democratic state where there
is no discrimination between people, their class or what position they hold in society.
• It remains uniform for all.
• Freedom to the judiciary is what guarantees honest judgment and rule-making; and
complete separation of powers
• “It is a corner stone of every democratic government and upon it is built the
structure of civil liberty.”

Measures can be adopted of independence of judiciary

1. The independence of the judiciary shall be guaranteed by the State and enshrined
in the Constitution or the law of the country. It is the duty of all governmental and
other institutions to respect and observe the independence of the judiciary.
2. The judiciary shall decide matters before them impartially, on the basis of facts
and in accordance with the law, without any restrictions, improper influences,
inducements, pressures, threats or interferences, direct or indirect, from any quarter
or for any reason.
3. The judiciary shall have jurisdiction over all issues of a judicial nature and shall
have exclusive authority to decide whether an issue submitted for its decision is
within its competence as defined by law.
4. There shall not be any inappropriate or unwarranted interference with the judicial
process, nor shall judicial decisions by the courts be subject to revision. This
principle is without prejudice to judicial review or to mitigation or commutation by
competent authorities of sentences imposed by the judiciary, in accordance with the
law.
5. Everyone shall have the right to be tried by ordinary courts or tribunals using
established legal procedures. Tribunals that do not use the duly established
procedures of the legal process shall not be created to displace the jurisdiction
belonging to the ordinary courts or judicial tribunals.
6. The principle of the independence of the judiciary entitles and requires the
judiciary to ensure that judicial proceedings are conducted fairly and that the rights
of the parties are respected.
7. It is the duty of each Member State to provide adequate resources to enable the
judiciary to properly perform its functions.
Freedom of expression and association
8. In accordance with the Universal Declaration of Human Rights, members of the
judiciary are like other citizens entitled to freedom of expression, belief, association
and assembly; provided, however, that in exercising such rights, judges shall always
conduct themselves in such a manner as to preserve the dignity of their office and
the impartiality and independence of the judiciary.
9. Judges shall be free to form and join associations of judges or other organizations
to represent their interests, to promote their professional training and to protect their
judicial independence.
Qualifications, selection and training
10. Persons selected for judicial office shall be individuals of integrity and ability
with appropriate training or qualifications in law. Any method of judicial selection
shall safeguard against judicial appointments for improper motives. In the selection
of judges, there shall be no discrimination against a person on the grounds of race,
color, sex, religion, political or other opinion, national or social origin, property,
birth or status, except that a requirement, that a candidate for judicial office must be
a national of the country concerned, shall not be considered discriminatory.
Conditions of service and tenure
11. The term of office of judges, their independence, security, adequate
remuneration, and conditions of service, pensions and the age of retirement shall be
adequately secured by law.
12. Judges, whether appointed or elected, shall have guaranteed tenure until a
mandatory retirement age or the expiry of their term of office, where such exists.
13. Promotion of judges, wherever such a system exists, should be based on
objective factors, in particular ability, integrity and experience.
14. The assignment of cases to judges within the court to which they belong is an
internal matter of judicial administration.
Discipline, suspension and removal
15. A charge or complaint made against a judge in his/her judicial and professional
capacity shall be processed expeditiously and fairly under an appropriate procedure.
The judge shall have the right to a fair hearing. The examination of the matter at its
initial stage shall be kept confidential, unless otherwise requested by the judge.
16. Judges shall be subject to suspension or removal only for reasons of incapacity
or behavior that renders them unfit to discharge their duties.
17. All disciplinary, suspension or removal proceedings shall be determined in
accordance with established standards of judicial conduct.
18. Decisions in disciplinary, suspension or removal proceedings should be subject
to an independent review.
QNO.8

Law
Law is a set of rules created by state institutions which make laws through the
authority of the state. The laws have sanctions which are recognized by the state and
enforced by state-authorized bodies. The institutions that make law have been given
the authority to do so. Sanctions exist for breaking the law.

Liberty
In modern politics, liberty is the state of being free within society from control or
oppressive restrictions imposed by authority on one's way of life, behavior, or
political views.
Liberty is of two types
Positive Liberty

Positive liberty has the capacity to act on one’s own will. It is freedom from internal
restraints. Jean-Jacques Rousseau advocates this theory in his concept of ‘general
will where he illustrated how individual liberty was the power of an individual to act
in the government and bring changes. This includes the concept of self-governance
and democracy.

Negative Liberty

Negative liberty is the concept of attaining freedom from external restraints. An

individual is free from any interference by other persons as according to negative
liberty. Thomas Hobbes and John Locke are the proponents of this theory.
Relationship between law and liberty

Positive Relationship
Law promotes liberty
The more law there is the, more liberty there is. And as soon as law ends, liberty also
ceases to exist. Where there are no laws to protect or provide freedom and liberty,
violations of the same take place.

John Locke
John Locke suggests that where there is no law, there is no freedom.
Law protects liberty
Law protects liberty is in several ways.
• Law helps in establishing a civilized society
Firstly, the law helps in establishing a civilized society, thereby easing the way of
life for individuals. This is done by the creation of a provision for punishment to the
criminals.
• Rights and Duties
Secondly, it guarantees rights and duties to the citizens and individuals. The state
intervenes whenever the rights of an individual are violated by another.
• Constitution
Thirdly, the constitution acts as the custodian of liberty. It is the constitution that
provides the authority of the state and protects the fundamental rights of the people.

Negative Relationship
Several theorists suggest that there exists a negative relationship between the two.
However, there are two dimensions of the same:
• The more the law, the less the liberty
This approach advocates the concept of ‘state of nature,’ that is, anarchy. Anarchy
is a state where there is no law or government to regulate the acts of an individual.
The pure state of nature or “the natural condition of mankind” was deduced by the
17th century English philosopher Thomas Hobbes. According to Hobbes, the state
of nature is a negative concept; i.e., it was a constant state of war.
However, Rousseau and Locke provide a rather positive interpretation of the state of
nature.’ According to them, life in the state of nature was happy, and there was
equality among men. This approach suggests that law restricts liberty.
• The more the liberty, the less the law
Some scholars advocate that law should not provide for liberty because more
provisions for liberty would defeat the ultimate purpose of the law. In other words,
liberty is in contradiction with the purpose of law and therefore, negates it.

Conclusion
Thus, the relationship between law and liberty is ambiguous in nature. A positive
approach is more prevalent in present times. The negative approach, either advocates
for the absence of a legal scenario or the absence of liberty. Both the dimensions of
the negative approach endanger a civilized society. Where law ends, anarchy begins,
and where liberty exits, tyranny enters.
Functions of Welfare State

Welfare State
The welfare state is a way of governing in which the state or an established group
of social institutions provides basic economic security for its citizens. By definition,
in a welfare state, the government is responsible for the individual and social
welfare of its citizens.

Purpose of Welfare State

The purpose of the welfare state is to create economic and social equality or to assure
equitable standards of living for all, access to justice, freedom of faith, freedom of
speech and transparency in decisions of executive
The welfare state provides education, housing, sustenance, healthcare, pensions,
unemployment insurance, sick leave or time off due to injury, supplemental income
in some cases, and equal wages through price and wage controls
It also provides for public transportation, childcare, social amenities such as public
parks and libraries, as well as many other goods and services. Some of these items
are paid for via government insurance programs while others are paid for by taxes.

Functions:
(This question resembles to QNO.6
Human Rights)
The Security of Life and Property
The Protection of Honor
The Sanctity and Security of Private Life
The Security of Personal Freedom
The Right to Protest against Tyranny
Freedom of Expression
Freedom of Conscience and Conviction
Right of Education
Protection from Arbitrary Imprisonment
The Right to Basic Necessities of Life
Equality before Law
Rulers Not above the Law
The Right to Avoid Sin
The Right to Participate in the Affairs of State
The Security of Personal Freedom
Islam has also laid down the principle that no citizen can be imprisoned unless his
guilt has been proved in an open court.
To arrest a man only on the basis of suspicion and to throw him into a prison without
proper court proceedings and without providing him a reasonable opportunity to
produce his defense is not permissible in Islam.
The Right to Protest against Tyranny
The right to protest against government's tyranny.
God strongly disapproves of abusive language or strong words of condemnation, but
the person who has been the victim of injustice or tyranny, God gives him the right
to openly protest against the injury that has been done to him.
Freedom of Expression
Islam gives the right of freedom of thought and expression to all citizens of the
Islamic State on the condition that it should be used for the propagation of virtue and
truth and not for spreading evil and wickedness.
Freedom of Conscience and Conviction
Islam also gives the right to freedom of conscience and conviction to its citizens in
an Islamic State. The Holy Quran has laid down the injunction:
There should be no coercion in the matter of faith
Equality before Law
Islam gives its citizens the right to absolute and complete equality in the eyes of the
law. As far as the Muslims are concerned, there are clear instructions in the Holy
Quran and hadith that in their rights and obligations they are all equal. The believers
are brothers (to each other)
The Prophet has said that:
The life and blood of Muslims are equally precious

Proportional Representation:
It is done on PMS notes 2016
Qno.8 (d)