Islamic Political System

Introduction
The West makes a natural mistake in their understanding of Islamic tradition,
assuming that religion means the same for Muslims as it has meant for most other
religious adherents ever since the industrial revolution, and for some societies, even
before that; that is: a section of life reserved for certain matters, and separate from
other sections of life. This is not the Islamic world view.
It never has been in the past, and modern attempts of making it so are seen as an
aberration.
Islam is a “total way of life.” It has provided guidance in every sphere of life, from
individual cleanliness, rules of trade, to the structure and politics of the society. Islam
can never be separated from social, political, or economic life, since religion
provides moral guidance for every action that a person takes.
The primary act of faith is to strive to implement God's will in both private and public
life. Muslims see that they, themselves, as well as the world around them, must be
in total submission to God and his Will.Moreover, they know that this concept of His
rule must be established on earth in order to create a just society. Religion and
politics are one and the same in Islam. They are intertwined. We already know that
Islam is a complete system of life and politics is very much a part of our collective
life. Just as Islam teaches us how to say Salah, observe Sawm, pay Zakah and
undertake Hajj, so it teaches us how to run a state, from a government, elect
Councilors and members of parliament make treaties and conduct business and
commerce. Bear in mind that Islamic ruling system is not the same as the ruling
system we have in the non-Islamic countries.
The political system of Islam has been based on three principles, viz., Tawheed
(Oneness of God), Risalat (Prophethood) and Khilafat (Caliphate). It is difficult to
appreciate the different aspects of the Islamic policy without fully understanding
these three principles. I will, therefore, begin with a brief exposition of them.
Tawheed (Oneness) means that one God alone is the Creator, Sustainer and
Master of this universe and of all that exists in it organic or inorganic.
God is the Only Sovereign
God is the absolute sovereign in Islam, and is therefore the only Lord of heaven and
earth. Just as He is the Lord of the physical universe, to the true Muslim believers,
God is the Lawgiver for every area of human life. Just as He is the Master of the
physical world, God is the Ruler of the affairs of men in Islamic doctrine.
Thus God is the supreme Lawgiver, the Absolute Judge, and the Legislator Who
distinguishes right from wrong. Just like the physical world inevitably submits to its
Lord by following the „natural‟ laws of the universe, human beings must submit to
the moral and religious teaching of their Lord, the One Who sets right apart from
wrong for them. In other words, God alone has the authority to make laws,
determine acts of worship, decide morals, and set standards of human interaction
and behavior.
This is because, “His is the Creator and Command.” (Quran 7:54)
Prophet Hood
The medium through which we receive the Law of God is known as "Risalat"
(Prophet Hood). We have received two things from this source:
The Book in which God has expounded His Law; and The authoritative interpretation
and exemplification of the Book of God by the Prophet, through his word and deed,
in his capacity as the last messenger of God. The broad principles on which the
system of human life should be based have been stated in the Book of God.
Further, the Prophet of God has, in accordance with the intention of the Divine Book,
set up for us a model of the system of life in Islam by practically implementing the
law and providing necessary details where required. The combination of these two
elements, according to Islamic terminology, is called the "Shari'ah". There is a
specific Purpose for man's existence. This purpose is achieved when man fulfills his
function and is missed when man fads to live up to his designated role. In that case,
his life will be barren and devoid of any original meaning. Total loss and perdition
await everyone who fails to respond to Allah's call.
Khilafah of Mankind (Vicegerency of man).
Man is the vicegerent, the agent or the representative of Allah swt on earth (2:30,
6:165). Allah is the sovereign and man is His representative. Man should do as Allah
commands him to do. But he has a choice to either obey or disobey Allah and,
because of this freedom of choice, he will be tested on the Day of Judgment. In the
political sense, Khilafah means that human beings should implement the will of Allah
on earth as His deputy or agent. As Allah‟s agents, human beings will carry out the
will of Allah swt on His behalf as a trust (Amanah). Khilafah is a trust. An agent is
always expected to behave as his master wants him to behave (10:14).
With this healthy frame of mind, based on the right understanding on man's role in
this universe, man becomes ready to implement Allah's teaching, as communicated
through the message of Prophet Muhammad (peace be upon him).This is exactly
what Islam means when it lays down that man is Khalifah (servant) of God on the
earth. The state that is established in accordance with this political theory will have
to fulfill the purpose and intent of God by working on God's earth within the limits
prescribed by Him and in conformity with His instructions and injunctions.
Purpose of the Islamic State
I shall now place before you a brief outline of the type of state which is built on the
foundation of Tawheed (the Oneness of God), "Risalat" (the Prophethood of
Muhammad) and "Khilafat" (the Caliphate).The Holy Quran clearly states that the
aim and purpose of this state is the establishment, maintenance and development of
those virtues, with which the Creator of this universe wishes the human life to be
adorned and the prevention and eradication of those evils the presence of which in
human life is utterly abhorrent to God. The state in Islam is not intended for political
administration only nor for the fulfillment through it of the collective will of any
particular set of people; rather, Islam places a high ideal before the state for the
achievement of which, it must use allthe means at its disposal.
The vision of an Islamic state and the purpose of its political authority is to
implement the divine law.
Thus, the ideal Islamic state is a community governed by the Law revealed by God.
This does not entail that such a state is necessarily a theocracy under direct rule of
the learned men of religion, nor is it an autocracy that vests absolute power in the
ruler.
The function of the Islamic state is to provide security and order so that Muslims can
carry out both their religious and worldly duties.
The Caliph is the guardian of faith and the community.His role is not so much
checked by the ulama(religious scholars), but enhanced by them because they
Provide him religious and legal counsel.He also appoints judges who resolve
disputes in accordance with Islamic Law.
There is a certain level of flexibility in regards to the system of governance and its
establishment in Islam, however, religion must be implemented fully into state and
society.
Legislation by Shura (Consultation)
Islam teaches us to run a government, to make legislation and decisions by the
process of Shura. Shura means "to take decisions by consultation and participation"
(3:159, 42:38)This is an important part of the Islamic political system. There is no
scope for despotism in Islam. The Qur‟an and the Sunnah will be the basis of
legislation in Islam.
Accountability of government
The Islamic political system makes the ruler and the government responsible firstly
to Allah and then to the people. The ruler and the government are elected by the
people to exercise „powers on their behalf. We must remember here that both the
ruler and the ruled are the Khalifah of Allah and the ruler shall have to work for the
welfare of the people according to the Qur‟an and Sunnah. A ruler is a servant of the
people of Islam. Both the ruler and the ruled will appear before Allah swt and
account for their actions on the Day of Judgment. The responsibility of the ruler is
Heaver than the ruled any ordinary citizen of an Islamic state has the right to ask
any question on any matter to the ruler and the government.
Independence of judiciary
In the Islamic political system, the Judiciary is independent of the Executive. The
head of the state or any government minister could be called to the court if
necessary. They would be treated no differently from other citizens. The Qur‟an has
many injunctions about justice. One of the main functions of the Islamic state is to
ensure justice to all citizens (4:58, 4:135, 5:8). The ruler and the government has no
right to interfere in the system of justice.
Equality before law
The Islamic political system ensures equality for all citizens before the law. It does
not recognize any discrimination on the basis of language, color, territory, sex or
descent. Islam recognizes the preference of one over the other only
on the basis of Taqwa (piety or fear of God). One who fears Allah swt most is the
noblest in Islam (49:13).

Executive and Legislative

The responsibility for the administration of the Government, in an Islamic state, is
entrusted to an Amir (leader or chief) who may be likened to the President or the
Prime Minister in the conventional democratic state.
The basic qualifications for the election of an Amir are that he should command the
confidence of the AHLUL HAL WAL'AQD [The Constitutional Body].
They are recruited from among the scholars (of Islam), leaders, and notables who
effectively have the duty to carry out this task of appointing the ruler. In this, they do
not act on their own personal preferences, but on behalf of the whole nation, being
as they are, its representatives. Three conditions must be met for eligibility to
membership of this body, namely:
1. Moral credit (piety and moral standards).
2. To be well versed in religion so as to be in a position to decide upon who
deserves the position of Amir.
3. Good and sound judgment leading to a sharp perception of who is most suitable
for the role of Amir.
The Amir can retain office only so long as he observes Allah's Shari'ah laws. Being
himself the primary example of it both in his dealings and conduct, honoring his
commitments and being true to his trust; in brief, he should conform to the conditions
originally stipulated upon his holding office and will have to vacate his office when he
loses this confidence. But as long as he retains such confidence he will have the
authority to govern and exercise the powers of the Government, of course, in
consultation with the Shura (the advisory council) and within the limits set by a
Shari‟ah. Every citizen will have the right to criticize the Amir should he deviate from
the straight path, fail to honor the trust laid in him, transgress and tyrannize over
people, change his conduct for the worst, freeze the implementation of Allah's penal
code, or flouts Allah's regulations in anyway. If he fails to live up to one of the
conditions stipulated for his eligibility to the office, the nation has the right to overrule
his judgment either by correcting him or by deposing them.
Legislation in an Islamic state will be restricted within the limits prescribed by the law
of the Shari'ah. The injunctions of God and His legislative body can make any
alterations or modifications in them or make any law repugnant to them. As for the
commandments which are liable to two or more interpretations the duty of
ascertaining the real intent of the Shari'ah, in such cases, will devolve on people
possessing a specialized knowledge of the law of Shari'ah. Hence, such affairs will
have to be referred to a subcommittee of the advisory council compressing men
learned in Islamic Law. A vast field will still be available for legislation on questions
not covered by any specific injunctions of the Shari'ah and the advisory council or
legislature will be free to legislate in regard to these matters.
In Islam the judiciary is not placed under the control of the executive. It derives its
authority directly from the Shari'ah and is answerable to God. The judges, no doubt
can be appointed by the Government but once a judge has occupied the bench he
will have to administer justice among the people according to the law of God in an
impartial manner. The organs and functionaries of the Government will not be
outside his legal jurisdiction much so that even the highest executive authority of the
Government is liable to be called upon to appear in a court of law as a plaintiff or
defendant like any other citizen of the state. Rulers and the ruled are subject to the
same law and there can be no discrimination on the basis of position, power or
privilege. Islam stands for equality and scrupulously sticks to this principle in social,
economic and political realms alike.
The Separation of Institutional Religion & the State
As we have mentioned, in Islam God is acknowledged the sole sovereign of human
affairs, so there has never been a distinction between religious and state authority.
In Christendom, the distinction between the two authorities are said to be based
upon records in the New Testament of Jesus, asking his followers to render unto
Caesar what was his and unto God what was His.Therefore throughout Christian
history until the present times, there have always been two authorities: „God and
Caesar‟, or „the church and state.‟Each had its own laws and jurisdictions, each its
own structure and hierarchy. In the pre-westernized Islamic world there were never
two powers, and the question of separation never arose.
The distinction so deeply rooted in Christendom between church and state has
never existed in Islam.
Conclusion
The duty of an Islamic state is to establish Salah and Zakah; promote the right and
forbid the wrong (22:44). The state is responsible for the welfare of all its citizens -
Muslims and non-Muslims alike. It must guarantee the basic necessities of life. All
citizens of the Islamic state shall enjoy freedom of belief, thought, conscience and
speech. Every citizen shall be free to develop his potential, improve his capacity,
earn and possess. A citizen shall enjoy the right to support or oppose any
government policy which he thinks right or wrong with the following in mind.
The Islamic state is a duty bound to implement the laws of the Qur‟an and the
Sunnah. The Qur‟an strongly denounces those who do not decide their matters by
Allah‟s revelations (5:42-50

ince the Islamic conception of life is a co-ordination between the body and the soul, it was natural that a
very close relationship should have been established between religion and politics, between the mosque
and the citadel. In its social conception, Islam is "communal." It prefers a social life, demands worship in
collectivity and congregation, in which every one turns towards the same centre (the Ka'bah), fasting
together at the same time in all parts of world, and visiting the House of God (the Ka'bah) as one of the
principal duties of all Muslims, men and women. It lays emphasis on strictly personal responsibility, and
does not forget the development of the individual, and yet it organizes all individuals in a single whole, the
world Muslim community. The same law regulates the affairs of all - whatever the class or country. And as
we shall see, the same chief, Caliph, receives the allegiance of all the faithful of the world.

Nationality

259. One finds in human society, by and by, two contradictory tendencies: centripetal and centrifugal. On
the one hand, separate individuals group themselves in wedlock, families, tribes, city-states, states and
empires - sometimes willingly and at other time under compulsion. On the other hand, descending from
the same couple and ancestors, groups detach themselves from bigger units in order to lead separate
and independent lives, away from their relatives. Sometime this separation is occasioned amicably for the
purpose of finding the means of livelihood elsewhere and lightening the charge on a locality too restricted
to furnish food for all. At other times, it is dictated by passions, quarrels and other motivations.

260. In spite of the almost unanimous concept that all human races have the same common origin, two
factors have powerfully contributed to accentuate the diversity: death and distance. Man is instinctively
attached to close relatives and ancestors, yet the cementing factor disappears with the death of the
common parent. And the notion of relationship among the surviving members, whose number multiplies
every day, bears an importance and an influence which gradually become less and less effective. With
regards to distance, not only does it make us forget the ties of relationship, but also, as history has
shown, creates insurmountable obstacles. One ceases to speak the same language, uphold the same
interests or defend the same values.

261. At the dawn of Islam, in the 7th century of the Christian era, differences and prejudices arising from
race, language, place of birth among other things, had become the rule rather than the exception. They
developed deep-rooted notions, which grew to be almost natural instincts. It was so everywhere in the
world, in Arabia, in Europe, in Africa, in Asia, in America and elsewhere. Islam came to class these
notions among the evil traits of humanity, and tried to bring about a cure.

262. The unifying ties of family, clan, and even tribe proved too weak to serve the needs of defence and
security in a world where egoism and cupidity had rendered inevitable wars of everybody against
everybody else. But groups bigger than tribes were created sometimes by the use of force by warriors
and emperors. However, failing to create an identity of interests among the totality of the subjects, these
artificial unions were constantly menaced by disintegration.

263. Without entering into the history of the several thousand years of the development of this aspect of
human society, it would suffice to consider the idea of nationality prevalent in our own time in order to
illustrate the point. If nationality is based on the identity of language, race, or place of birth, it goes without
saying that it will make the problem of aliens or strangers exist perpetually, and such a nationality will be
too narrow, ever to be able to embrace the inhabitants of the entire world. And if the aliens are not
assimilated, there will always be the risk of conflicts and wars. In fact, the tie of nationality is not a very
sure bond at all. For two brothers may be enemies, and two strangers, having a common ideology, may
be friends.

264. The Qur'an (30:22, 49:13) has rejected all superiority on account of language, colour of skin or other
ineluctable incidences of nature, and recognizes the only superiority of individuals as that based on piety.
A common ideology is the basis of "nationality" among the Muslims, and Islam is this ideology. We shall
not speak of religions which do not admit conversion. Among the religions of universal applications, Islam
distinguishes itself by the feature that it does not exact the renunciation of the world, but insists on the
body and soul growing and operating simultaneously. The past has shown that Muslims have assimilated
this supra-racial and supra-regional ideal of brotherhood; and this sentiment is a living force among them
to this day.

265. Naturalization is a feature now admitted among all "nations" but to be naturalized in a new language,
in a new colour of skin, and in a new land is not as easy as to adhere to a new ideology. For others
nationality is essentially an ineluctable accident of nature. In Islam it is a thing which depends solely upon
the will and choice of the individual.

Means of Universalization

266. Apart from the means already mentioned, namely the same law for all, the same direction to turn to
in the service of prayer, the same place for meeting in the universal pilgrimage, etc., the institution of the
universal caliphate plays a particular role.

267. Muhammad of holy memory had proclaimed himself to be a messenger of God, sent towards the
totality of human beings (cf. Qur'an 34:28) and also to be the last of such messengers (cf. Qur'an 33:40),
and therefore for all time, till the end of the world. His teaching abolished the inequalities of races and
classes. Moreover, the Prophet himself exercised all powers, spiritual as well a temporal and others, in
the community which he had organized into a state and endowed with all its organisms. Thus cumulation
of powers was passed in heritage, after his death, to his successors in the state, with this difference that
these successors were not prophets, and so did not receive the Divine revelations. The Prophet
Muhammad had always insisted on the necessity of community life, and he went so far as to declare that
"Whoever died without knowing his imam (caliph) dies in paganism." He had also insisted on unity
and solidarity inside the Muslim community, saying that "Whoever separates himself from it goes to Hell."
(reported by Muslim, Tirmidhi, etc.)

268. Even in the time of the Prophet, there were individuals and even groups of Muslims, who lived
voluntarily or under constraint, outside the frontiers of the Islamic State, for example in Abyssinia, and in
Mecca (before its conquest by the Prophet). Some of the non-Muslim regions did not know religious
tolerance, and persecuted the Muslims (as in the city-state of Mecca and the Byzantine empire). Others,
like in Christian Abyssinia, practised a liberal policy in matters of conscience.

269. As we have just seen, the caliph inherited from the Prophet the exercise of the double power,
spiritual-temporal, and he presided over the celebration of the service of worship in the mosque, and he
was the head of the State in temporal affairs.

270. To recognize the Prophet, one used to take the oath of allegiance, (bai'ah, or contract of obedience).
One did the same for the caliphs at the mement of their election. The basis of the statal organization is a
contract concluded between the ruler and the ruled. In practice only persons who are 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 same
representative personalities.

271. It was by virtue of being the messenger of God, that the Prophet Muhammad commanded his
community; and the law which he promulgated and left to posterity was equally of Divine inspiration. For
his successors, the sovereignty of God continued to exist as a reality, in the sphere of their competence;
therein they were the successors of the Prophet of God. But for them there was no possibility of receiving
Divine revelations. Thus their power in the matter of legislation was restricted (i.e., they could not
abrogate the laws established by the Prophet in the name of God, they could however interpret these
laws, and legislate in cases where the law of the time of the Prophet was silent). In other words, the caliph
could not be a despot, at least in matters of legislation: he is a constitutional head, and as much subject to
the laws of the country as any ordinary inhabitant of the State. The tradition created by the Prophet
himself is responsible for the fact that the head of the Muslim State should not be above the law. History
shows that the caliphs could always be cited, even by humblest of the subjects, also by non-Muslims, to
appear before the courts of the country, from the time of Abu-Bakr (the first caliph) to our day.

272. The theory and practice of the caliphate have however not always been identical in Muslim society.
A rapid sketch of this history would be useful for understanding the actual position.

The Caliphate

273. The Qur'an speaks of kings, both good and bad, and never refers to other forms of government,
such as a republic. The fact that there have been differences of opinion, at the death of the Prophet,
shows that he had not left positive and precise instructions regarding his succession. Certain groups
wanted that the statal power should rest, as an heirloom, in his family - and since he had left no male
issue, his uncle 'Abbas, or his cousin 'Ali were the next of kin to succeed him. Others wanted an ad hoc
individual election. And inside this group, there were differences as to the candidate to be chosen. An
overwhelming majority rallied in favour of an election. The form of government thus established was
intermediary between hereditary monarchy and a republic - the caliph was elected for life. If the fact of
election makes it resemble a republic, the duration of the power was like that of a monarchy. From the
very beginning, there have been dissidents to the elected caliphs; later there have been even rival
claimants and these caused bloodshed in the community from time to time.

Later, power was held by some dynasty. Thus came the Umaiyads, who in their turn were replaced by the
'Abbasids; these latter did not succeed in obtaining the homage of the far-off province of Spain, where
independent dynasties of Muslim rulers exercised sovereign powers, without, however, daring to assume
the title of "caliph."

It required two more centuries before the Muslim world knew the multiplicity of caliphs, at Baghdad,
Cordova, and Cairo (Fatimids). The Turks, when converted to Islam, brought a new element. First they
furnished soldiers and then commanders who became the real governing power in the State. Side by side
with the caliphs, there appeared a "commander of the commanders," and later a "sultan," and the State
authority became divided and administration went into the hands of the Sultan who governed in the name
of the caliph. This excited greed and aroused jealousies. Several provinces became independent,
producing "dynasties" of governors, who in their turn were replaced by other adventurers. And the caliph
had no choice but to ratify the fait accompli whenever it arose.

The Fatimid caliphate of Cairo disappeared first; and this kingdom was acquired by a dynasty of Turkish-
Kurdish governors, who recognized the caliphate of Baghdad. When this latter was devastated by the
pagan Tartars, the seat of the caliphate was moved to Cairo. Later the Ottoman Turks conquered Egypt,
and abolished the neo-'Abbasid dynasty of caliphs there. After some time, the Spanish caliphate
surrendered the country to Christian conquerors, and reconstituted a caliphate in Morocco. The Turkish
Istanbul, and the Mughal Delhi also pretended to the caliphate: but however big their empires might have
been, their claims were recognized only inside their respective jurisdictions.

Prior to these two, there had at least been the obligatory qualification of a caliph being a Quraishite, i.e., a
descendant of the Meccan Arabs of the time of the Prophet. The Turks and the Mughals did not fulfil this
condition, but we shall revert to the point later. The Mughals were removed from their Indian power by the
British; the Turkish caliph of Istanbul was later deposed by his own subjects, who not only chose a
republican form of government, but would not even preserve the dignity of caliphate for the head of the
state. The powers and privileges of the caliph were nominally conferred on the Grand National Assembly,
which however neither claimed them nor exercised them. The last Turkish caliph 'Abdul-Majid II, the
100th after the Prophet, died in exile as a refugee in Paris. In the meantime the caliphate of Morocco
became a protectorate of France.
274. Some observations suggest themselves in this connection. The Prophet had predicted that after him,
the caliphate would continue only for thirty years and that afterwards a "biting kingship" would follow (cf.
Ibn Athir's Nihayah, Tirmidhi, Abu Dawud). Another saying is attributed to the Prophet to the effect that
the caliphate belongs to the tribe of Quraish. The context of this last direction is not known; but the
practice of the Prophet himself does not seem to confirm the obligatory character of this qualification. For
history shows that since his arrival in Madinah and the founding of a City State there, the Prophet left his
metropolis at least 25 times, in order to go on military expeditions to defend the state territory as well as
for pacific avocations (such as contracting alliances, making a pilgrimage). On all such occasions, he
nominated a viceregent in Madinah, yet it was not the same person that he chose always for carrying on
the interim government. We find among these viceregents, called Khalifa or caliph, Madinans, Kinanites
and others; there was even a blind person. At the time of his last journey when he went on pilgrimage,
just three months before his death, it was a blind person who was the "caliph" in the metropolis. Another
point to be noted is that, at the election of Abu Bakr as caliph, there was a proposal for a sort of joint rule,
with two caliphs operating simultaneously.(1) For practical reasons, the proposal was rejected. It is
nevertheless one of the possible forms of Muslim government, as it is recognized by the Qur'an (20:32),
which speaks of Aaron as the associate of Moses in the statal power, and because this form was
preserved by the Prophet himself in 'Uman where Jaifar and 'Abd, who ruled conjointly, had embraced
Islam.

275. The universal caliph does not exist nowadays among the Muslims, nevertheless the masses
continue to aspire for it. The very independent existence of Muslims is also subject to fragmentary re-
conquest. Before restoring the institution of a universal caliphate, it may be that they could have recourse
to the precedents of the time of the Prophet, in order to avoid regional rivalries and susceptibilities. One
may have, for instance, a 'Council of Caliphate' composed of the heads of all the Muslim States, Sunnites
as well as Shi'ites, Quraishites as well as non-Quraishites. By rotation every member could preside over
the Council, say for a year.

Duties of the State

276. The duties and functions of a Muslim state seem to be four: (i) Executive (for the civil and military
administration), (ii) Legislative, (iii) Judicial, and (iv) Cultural.

277. The Executive does not require elaborate examination. It is self-evident, and obtains everywhere in
the world. The sovereignty belongs to God and it is a trust which is administered by man, for the well-
being of all without exception.

278. We have already mentioned the restrictions of legislative competence in the Islamic society, in the
light of the fact that there is the Quran, the Word of God, which is the source of law in all walks of life,
spiritual as well as temporal, (cf. also below 318/v.)

279. In the domain of judiciary, we have already pointed out the equality of all men before law, in which
the head of the state is not exempt even vis-a-vis his subjects. The Qur'an (5:42-50, 5:66) has ordained
another important disposition: The non-Muslim inhabitants of the Islamic State enjoy a judicial autonomy,
each community having its own tribunals, its own judges, administering its own laws in all walks of life,
civil as well as penal. The Qur'an says that the Jews should apply the Biblical laws, and the Christians
those of the Gospel. It goes without saying that in the case of conflict between laws, where parties to a
litigation belong to different communities, special dispositions would solve the difficulties for the law as
well as of the judge; and it is a kind of private international law which regulates such cases.

280. By cultural duty, we mean the very raison-d'etre of Islam, which seeks that the Word of God alone
should prevail in this world. It is the duty of each and every individual Muslim, and a fortiori that of the
Muslim government, not only to abide by the Divine law in daily behaviour, but also to organize foreign
missions in order to inform others what Islam stands for. The basic principle, as the Qur'an (2:256) says,
is that "There is no compulsion in religion." Far from implying a lethargy and indifference, a perpetual and
disinterested struggle is thereby imposed to persuade others for the well-foundedness of Islam.

Form of Government

281. Islam attaches no importance to the external form of government. It is satisfied if the well-being of
man in both the worlds is aimed for, and the Divine law applied. Thus the constitutional questions take a
secondary place. Thus as we have already mentioned, a republic, a monarchy, a joint-rule, among other
forms, are all valid in the Islamic community.

282. If this aim is realized by a single chief, one accepts it. If at a given time, in a given surrounding, all
the requisite qualities of a "commander of the Faithful" or caliph are not found united in the same person,
one admits voluntarily the division of power also for the purpose of the better functioning of the
government. We may refer to the famous case cited by the Qur'an (2:246-47) - a former prophet was
solicited by his people to select for them a king beside his own prophetic self, so that they might wage war
under his leadership, against the enemy which had expelled them from their homes and familes. The
designation of a king in the presence of and in addition to a prophet, and even by the intermediary of the
latter, shows the lengths to which one can go in this direction. A division is thus made between the
spiritual and temporal functions, yet no arbitrary power is tolerated for either of them. The politics and the
king remain as much subject to the Divine law as the cult and the prophet. The source of authority and
codes of law remain the same, only the application of law and the execution of necessary dispositions
relate to different persons. It is more a question of specialization than a divorce between the two aspects
of life.

Consultative Deliberations

283. The importance and utility of consultation cannot be too greatly emphasized. Again and again the
Qur'an (3:159,27:32,42:38,47:21) commands Muslims to make their decisions after consultation, whether
in a public matter or a private one. The practice of the Prophet has reinforced this disposition. For, in spite
of the exceptional quality of his being guided by the Divine revelations, the Prophet Muhammad always
consulted his companions and the representatives of the tribes of his adherents, before making decisions.
The first caliphs were no less ardent in their defence of consultative institutions.

284. In this respect also, the Qur'an does not prescribe hard and fast rules. The number, form of election,
duration of representation, etc., are left to the discretion of the leaders of every age and every country.
What is important is that one should be surrounded by representative personalities, enjoying the
confidence of those whom they represent and who possess integrity of character.

284. The Qur'an has also spoken of a kind of proportionate representation, while describing the selection
of 70 representatives from among his people by Moses, to be received in the presence of God (cf. Qur'an
7:155). Further (in 7:160) one may also discern a sort of proportionate representation, since twelve
springs of water were alloted to as many tribes accompanying Moses in the desert. Anyhow, we know
that the aim of all representation - selected or elected - is that the government should always remain in
touch with public opinion. This aim is realized in Islam in a perfect manner through the institution of the
congregational service of worship. So five times every day - and even on Friday which is the weekly
holiday - every Muslim has to gather in the mosque of the street or locality where he resides (or is
otherwise present), and it is the highest government official of the locality who leads the service of
worship. This provides the possibility of meeting the highest responsible authority and complaining to him
of any injustice or hardship befalling any individual. If that proves to be of no avail, the individual goes to a
higher official, even to the head of the State who also leads the service of worship in the public mosque of
the capital, locality or street and is accessible to every commoner.
Foreign Policy

286. The relations with foreign countries are based on what is called 'international law.' The rules of
conduct in this domain have had an evolution very much slower than those of the mutual behaviour inside
a social group. In pre-Islamic antiquity, international law had no independent existence as it formed part of
politics and was dependent on the will and pleasure of the head of the State. Few were the rights
recognized for foreign friends, still less for enemies.

287. We may bring into relief the historic fact, that it was the Muslims who had not only developed
international law as a distinct discipline - the first in the world - but also made it form a part of law (instead
of politics). They composed special monographs on the subject, under the name of siyar (conduct, i.e., of
the ruler), and they also spoke of it in the general treatises of law. To the very first originators of these
studies (of the early second century of the Hijrah/8th century of the Christian era), the question of war
formed part of penal law. So after discussing brigandage and highway robbery of local people, the jurists
logically spoke of similar activities by foreigners, demanding a greater mobilization of the forces of order.
But the very inclusion of war under the heading of 'penal law' means unequivocally that it had to do with
legal matters, in which the accused had the right of defending himself before a judicial tribunal.

288. The basic principle of the system of international relations in Islam, in the words of jurists, is that "the
Muslims and non-Muslims are equal (sawa ') in respect of the sufferings of this world." In ancient
times, the Greeks, for instance, had the conception that there was an international law which regulated
the relations amongst only the Greek city-states. As for the Barbarians, (i.e., non-Greeks) nature had
intended them, as was said by Aristotle, to be the slaves of the Greeks. Therefore it was an arbitrary
conduct, and no law, which was the rule with regard to relations with them. The ancient Hindus had a
similar notion, and the dogma of the division of humanity into castes together with the notion of un-
touchability rendered the fate of the defeated even more precarious. The Romans recognized a few rights
in respect of foreign friends; yet for the rest of the world there was nothing but discretion and arbitrary
rule, changing with the whims and fancies of individual commanders and ages. The Jewish law asserted
(cf. Numbers, 31/8-9,17-18); Deuteronomy 20/16,1 Samuel 15/3) that God had ordained the
extermination of the Amalecites ('Amaliqah, Arab inhabitants of Palestine); and that the rest of the world
might be allowed to live on payment of tribute to and as servants of the Jews. Until 1856, the Westerners
reserve the application of international law to Christian peoples. Since then they have made a distinction
between the civilized and non-civilized peoples, with the latter still having no rights. In the history of
International law, Muslims have been the first - and so far also the only - to admit the right of foreigners
without any discrimination or reserve both during war and peace.

289. The first Muslim State was founded and governed by the Prophet. It was the city-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 religious tolerance, which was formally recognized
in the constitution of this State, which document has come down to us. The first treaties of defensive
alliance were concluded with non-Muslims, and were always scrupulously observed. The Qur'an insists in
the strongest of terms on the obligation of fulfilling promises and on being just in this respect (otherwise
imposing punishment in the Hereafter).

290. The different sources of the rules of international conduct comprise not only internal legislation, but
also treaties with foreigners, etc.

291. The jurists have so greatly insisted on the importance of the given work, that they say that if a
foreigner obtains permission and comes to the Islamic territory for a fixed period, and if in the meantime a
war breaks out between the Muslim government and that of the said foreigner, the security of the latter
would not be affected. He may stay in tranquility until the expiration of his visa of sojourn. Not only may he
return home in all safety and security, but he may also take with him all his goods and gains. Moreover
during the sojourn, he would enjoy the protection of the courts even as before the outbreak of the war.
292. The person of the ambassador is considered immune from all violation, even if he brings a most
unpleasant message. He enjoys his liberty of creed, and security of sojourn and return.

293. The question of jurisdiction has also certain peculiarities. Foreigners residing in the Islamic territory
are subjected to Muslim jurisdiction, but not to Muslim law, because Islam tolerates on its territory a
multiplicity of laws, with autonomous judiciary for each community. A stranger would belong therefore to
the jurisdiction of his own confessional tribunal. If he is a Christian, Jew, or anything else, and if the other
party to the litigation is also of the same confession - no matter whether this other party is a subject of the
Muslim State or a stranger - the case is decided by the confessional court according to its own laws.
Generally no distinction is made between civil and criminal cases with respect to this jurisdiction. As for
cases where the litigants belong to different communities, the question has already been discussed
above. However, it is always permissible under Muslim law (cf. Qur'an 5:42-50) for a non-Muslim to
renounce this privilege and go before the Islamic tribunal, provided both parties to the suit agree. In such
an eventuality, the Islamic law is applied. It is permissible for the Muslim judge to apply even foreign law,
personal law of the parties to the case, as is evident from the practice of the Prophet: Two Jews, guilty of
adultery, were brought by their coreligionists, and the Prophet caused to bring the Bible (Book of Levites)
and administered Jewish law to them, as is reported by Bukhari. It may be mentioned, by the way, that
the concern for legality has forced the Muslim jurists to admit that if a crime is committed even against a
Muslim, who is the subject of the Muslim State, by a foreigner in a foreign country, and this foreigner later
comes peacefully to the Muslim territory, he will not be tried by the Islamic tribunals, which are not
competent to hear a case that had taken place outside the territory of their jurisdiction. Muslim jurists are
unanimous on the point. Muhammad ash-Shaibani, pupil of Abu Hanifah, has recorded even a saying of
the Prophet in support of this law: " 'Atiyah lbn Qais al-Kilabi relates that the Prophet has said: If a man
takes refuge in enemy country after having committed murder, sexual immorality or theft, and later returns
after obtaining safe-conduct, he would still be judged for what he had fled from. But if he has committed
murder, illicit sexual intercourse or theft in the enemy territory and later came on safe-conduct, no
punishment would be inflicted on him for what he had committed in the enemy territory." (Sarakhsi, Sharh
as-Siyar al-Kabir, IV. 108.)

294. Islamic law does not admit exemptions in favour of the head of the State, who is as much subject to
the jurisdiction of the courts as any other inhabitant of the country. If the head of the Muslim State does
not enjoy such privileges (of injustice, excesses of class discrimination) in his own country, one should not
expect them in favour of foreign sovereigns and ambassadors. All regard, appropriate to their quality as
guest and their dignity, is paid to them, yet they are not held to be above law and justice.

295. Several cases of classical times bring to relief another peculiar feature of Islamic justice. Hostages
were exchanged to guarantee the faithful execution of treaties, stipulating expressly that if one of the
contracting parties should murder the hostages furnished by the other party, this latter would have the
right to be avenged on the hostages in its hands. Cases of this kind happened in the time of caliph
Mu'awiyah and al-Masur, and the Muslim jurists unanimously observed that the enemy hostages could
not be put to death, because the perfidy and treachery was employed by their ruler and not by these
hostages. The Qur'an (S:l64, 53:38, etc.) forbids formally vicarious punishment and inflicting reprisals on
one for the crime of another.

296. The Muslim law of war is humane. It makes a distinction between belligerents and combatants. It
does not permit the killing of minors, women, the very old, sick, and monks Debts in favour of the citizens
of the enemy country are not touched by the declaration of war. All killing or devastation beyond the strict
indispensable minimum is forbidden. Prisoners are well treated, and their acts of belligerency are not
considered crimes. In order to diminish the temptation of the conquering soldiers, booty does not go to the
one who seizes it, but to the government, which centralizes all spoils and redistributes them, four-fifths
going to the participants of the expedition, one-fifth to the government coffers; the share of a soldier and
of the commander-in-chief are alike and equal.
297. In an interesting passage (47:35), the Qur'an enjoins peace and says: "Do not falter, and cry for
peace when ye are the uppermost: God is with you and He will not forget your (praiseworthy) actions." It
reverts to it again (8:61) and says: "If they incline to peace, then incline to that and have confidence in
God." So did the Prophet on the conquest of Mecca, and told its inhabitants: "Go, you are freed."

298. The Qur'an attaches such great importance to the given word, that it does not hesitate (8:72) to give
it preference over the material interest of the Muslim community. It teaches us the Islamic law of neutrality
even in the case of religious persecution, in the following terms: ". .. with regard to those who believe (in
Islam) but do not immigrate (into Islamic territory), ye have no duty to protect them till they immigrate; but
if they seek help from you in the name of religion then it is your duty to help (them) except against a folk
between whom and you there is a treaty of peace (mithaq): and God is Seer of what ye do."

Conclusion

299. To sum up, Islam seeks to establish a world community, with complete equality among people and
without distinction of race class, or country. It seeks to convert by persuasion, allowing no compulsion in
religious beliefs, every individual being personally responsible to God. To Islam, government signifies a
trust, a service, in which the functionaries are the servants of the people. According to Islam, it is the duty
of every individual to make a constant effort to spread good and prevent evil - and God judges us
according to our acts and intentions.

The Political System of Islam:

Islamic concept of life is a co-ordination between body and soul, and the Political system
prescribed by Islam establishes a relationship between religion and politics. In social conception,
Islam is ‘communal’; it encourages social life and collective efforts to maintain the essence of
society. Social concept of Islam aims at the development of an individual and hence the
development of whole Muslim community. It emphasizes on mutual co-operation, co-ordination
among all responsible authorities, collective efforts of the community to develop the society and
sharing of knowledge and materialistic objects for the benefit of all. The same law regulates the
affairs of the country or state. For a better understanding of the political system of Islam, let’s
have a look at its major determinants.

Determinants of Political System of Islam:

# Concept of Nationality

# Form of Government

# Duties of the State

# Foreign Policy

Concept of Nationality:
The term ‘nationality’ represents a race of people sharing, common place of birth, language, and
culture. In this context nationality of people of one particular region / territory differs from that
of the nationality of another, with reference to variance in language, birth place and culture. In
this scenario people of different regions / territories are strangers or aliens for each other. This
definition of the term ‘nationality’ is a narrow one, un-acceptable for the inhabitants of entire
world. The above mentioned definition of ‘nationality’ keeps the people of various regions away
form each other, creates a stage for one race to be alien for others, so here comes the maximum
probability of conflicts.

Islam places a broader definition of ‘nationality’. According to this broad definition, A common
ideology is the basis of ‘nationality’ among the Muslims, and Islam is this ideology. The Quran
(30/22, 49/13) has rejected all the superiority on account of language, colour of skin and other
ineluctable incidences of nature, and recognizes the only superiority of individuals as that based
on piety.

Form of Government:

A Republic, a monarchy, a joint-rule, among other forms all are valid in the Islamic community.

If at a given time, in a given surrounding, all the requisite qualities of a ‘commander of the
faithful’ or Caliph are not found united in the same person, one admits voluntarily the division of
power also for the purpose of the better functioning of the government. We may refer to the
famous case cited by the Quran (2/ 246-7): A former prophet was solicited by his people to select
for them a king besides his own prophetic self, so that they may war under his leadership, against
the enemy which has expelled them from their homes and families. The designation of a king in
the presence of and in addition to a prophet, and even by the intermediation of latter, shows the
length to which one can go in this direction. A division is thus made between the spiritual and
temporal functions, yet no arbitrary power is tolerated for either of them: the politics and the
king remain as much subject to the divine law as the cults and the prophets. The source of
authority and the codes of law remain the same; only the application of the law and the execution
of the dispositions relate to different persons. It is more a question of specialization then a
divorce between the two aspects of life.

** A glimpse of Caliphate**

As valid forms of government are mentioned earlier, it is, however, a great deal of controversy in
opinions regarding a specific form of government prescribed by Islam. This series of
controversies date from the death of Holy Prophet (P.B.U.H) where by no positive or precise
instruction was left regarding his succession. At that time one group was of the opinion that
statal power should rest in heirloom, and as Prophet (P.B.U.H) had left no male to succeed so the
power should go to his uncle Abbas (RA) or his cousin Ali (R.A). The second group held the
demand of an ad hoc individual election. And majority was in favour of election so the form of
government incorporated was intermediary between hereditary monarchy and republic:
The caliph was elected for life. Incorporation of election brought it into the category of republic,
while the duration of power resembled as monarchy. Initially the dissidents and latterly rival
claimants, and after that the dynasty brought Umaiyads, replaced by Abbasids. Well, the
successes and the failures of all these will be discussed later in some other thread.

**Some facts Referring Form of Government**

1- This is narration of Ibn-e-Hisham, As for Ibn-e Saad (III/i.p.151) “Abu Said Al Khudri
reports: When the prophet breathed his last, the orators of the Ansarites stood up and one of the
said Oh muhajirites, whenever the Prophet (P.B.U.H) nominated a person as aamil (Governor),
he attached to him some one from amongst usso that we are of the opinion that, this power
(Caliphate) should also be exercised by two persons, one from among you and one from among
us. ( So at the time of Hazrat Abu Bakr’s nomination for Caliph there was a proposal for joint
rule as well. But for the practical reasons the proposal was rejected)

2- A Hadith in Tirimdhi reports that, Prophet (P.B.U.H) predicted that after him the caliphate
would continue only for thirty years and that afterwards a biting kingship would follow.

Duties of the State:

According to the political system of Islam, the duties of the state are broadly categorized as:
1- Executive: These duties cover the range of civil, military and administrative responsibilities.
By keeping the sovereign powers to almighty Allah, it is the responsibility of the state to
maintain

2- Legislative: The legislature in Islam is subjected to the word of God (Quran), which is the
source of law in all walks of life, spiritual as well as temporal.

3- Judiciary: Judiciary demands for equality of law for all, in which the head of the state is not
exempted even. In case of conflicts between individuals or parties from different communities, a
private international law will regulate the cases.

4- Cultural: The cultural duty of the state is not limited only to maintain cultural values with in
the territory but also to organize foreign mission to make others know what Islam stands for.

Foreign Policy:

The relations of a country with other countries of the world are based on international law. In the
historical context of international politics Muslims were the first to develop the international law
under the head of SIYAR (Conduct, i.e. of a ruler).

According to the Islamic International law, the Muslims and the non-Muslims are equal with
reference to their sufferings. The foreign policy of Islamic Political System aims to attain
positive and pleasant relations with other countries and to promote mutual co-operation to lessen
the sufferings.

One of the salient features of Foreign policy of Islamic Political system is that, it insists on the
importance of the given word. For instance, a foreigner attains permission to visit an Islamic
territory for a particular time period. And a war breaks out before the expiry of his visa, it’s the
responsibility of the state to ensure his security during his stay and his secure return to his native
land. Moreover, if he wants to take his goods and gains with him, he’ll not be restricted to do so.

Conclusion:

It is hard for me to conclude the political system of Islam, but what I came up with after going
through the determinants of the political system of Islam is as follows.

Islam aims to maintain peace of mind and soul not only for a particular individual but for
everyone. In order to maintain the peace of mind and soul, it is required to have a co-ordination
among all world community. This coordination should exclude the distinction of race and
country. Islam doesn’t also demand for any compulsion of religious beliefs, as everyone is
personally responsible to God.

As far as government is concerned, for Islam Government is supposed to serve the people in
such a way that a relationship of trust should be maintained. Being the servant of people it’s the
duty of the government to make all possible efforts for the welfare of the people.