Introduction to Political Thoughts

and Social Behavior

URED 3503

Part 01: Political Thoughts

 The Origin and Development of the Word
‘Politics’
• In order to understand the precise meaning of the term
politics, we should look at the celebrated languages in
the world through which the term politics has got existed
and developed.

• 1. Politics in Greek Language:

• the word politics originating from the Greek word polis,
meaning a city, and confined to the study of the state.
• “The Greek title of the republic is politeia, a word which
can mean citizenship, government or administration,
constitution or republic. Polis, usually translated city-
state, was the basic Greek geo political unit”.

• 2. Politics in Anglo-Saxon Languages:

• The Word “Politics” pertains to polis and city, which are
under the control of authority, agency, organization and
Institution that is however, dubbed now a days as
“State.

• On the other hand, the word “Policy” is used even in

the sense of Politics. It designates methodical activities,
for example; internal policy, external policy, party policy,
government policy, foreign policy and the like. However,
it is also used in corresponding to politics and signifies
all type of activities.
The Origin and Development of the Word ‘Politics’

• 3. Politics in Arabic Language:

• There is an Arabic proverb: Sauwasahu al Qawm: (i e the Nation chose
him leader).
• It is reported from the great prophet Muhammad (PBUH) that the Bani
Israel was ruled by their Messengers, but then whenever any
messenger passed away other was replaced; however, I am the last
prophet none of you would take after me as prophet. So, he who treads
step of my life he obeys Allah and who disobeys me he disobeys Allah,
and who disobeys me he mutinies against Allah, Who obeys the Leader
he obeys me and who disobeys the leader he disobeys me”. (al Bukhari
and the Sahih al Muslim: )
• the word “Siyasah” is originated from the Arabic verb Sasa, Yasusu and
means to establish the accountable and responsible leadership that put
the man in order. The Ruler looks after the citizen is called in Arabic
“Saai’s. From this point, we may say that the literal meaning of politics
are management, rectification, adjustment etc. 
• In usual meaning, it is to conduct the public affairs concerning either to
state or religion in accordance with al shari'a (Islamic law), which is
known to us as kilafath (Representation).
• In special meaning which appertains both to the subjective opinions of
the leader or the laws which are pronounced and issued by the leader in
an effort to discard any unexpected happening, degeneration, or
turpitude.
• the word “Siyasah” is derived from “Saasah- Yasus”, meaning to be in
charge of something to provide remedy for something. So, a person in
charge of animals, keeps them in a comfortable place looks after them
and makes them competent he is said in Arabic “Yasus al Daabbah”.
From this point it is clear that politics means to be in charge of
something for leading the people to the right way.
Technical Meaning of Politics
• In View of Conventional Political Thinkers
• (1) Raymond Garfield Gettel asserts “It is thus a study of the
state in present, past, and future”.
• (2) According to Paul Janet “Political science is the part of
social science which treats of the foundation of the state and
the principle of the government,”
• (3) Garris the famous German author is of the opinion that
‘Politics deals with origin, development, purpose and all political
problems of the state,”
• (4) Dr Garner believes that “Political science begins and ends
with the state”.
• in early social system it was used as a decision making
process concerning all sphere of human activities. However,
nowadays it is used and demarcated only to state affairs.
Politics in view of Islamic political thinkers
• In Islam, politics is used in several senses:
• A. (1) in usual sense, it appertains the management of public
affairs, both material and spiritual life according to the law of
Shari’ah. It is also known as vicegerency that is substitute to
the sentry duty of the Prophet Muhammad (PBUH).
• (2) In Special meaning, it specifies the policies taken by the
leader.
• B. According to “Al Bayan”, Islamic politics is a science, by
which Islamic state affairs are managed and spiritual affairs are
conducted.
• Islamic politics is based on three fundamental elements Tawhid
(Unity of Allah) Risalat (Prophethood) and khilafah
(vicegerency). Without comprehensive understanding of these
three fundamental elements it is too refractory to comprehend
the other imperative aspects of Islamic polity.
BASIC PRINCIPLES OF ISLAMIC
POLITICAL SYSTEM
• 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,
it also teaches us how to run a state, form a
government, elect councilors and members of
parliament, make treaties and conduct business
and commerce. The Islamic Political System is
based on the following main principles:
•  
• SOVEREIGNTY OF ALLAH
• KHILAFAH OF MANKIND (Vicegerency of man)
• LEGISLATION BY SHURA (Consultation)
• ACCOUNTABILITY OF GOVERNMENT
• INDEPENDENCE OF JUDICIARY
• EQUALITY BEFORE LAW:

•  
• CONCLUSION
SHARI’AH THE ISLAMIC LAW

• ITS MEANING
• SOURCES
• SHARI’H AND MAN MADE LAW,
• HUMAN ACTIONS IN THE VIEW POINT
OF ISLAMIC SHARI’AH
 SHARI’AH : Literal & terminological meaning

• Shariah is an Arabic word, originated from the word ‘shara’a

which literally means to endorse law, to make something
permissible or allowed.
• Shari’ah in the sense of ordinance and making of law, Allah
Ta’ala says,
– The same law (Al din) He has ordained for you as that
which He ordained on Nuh that which we have sent be
inspiration to you and that which we ordained on Ibrahim,
Musa and Isa. Therefore, establish the Din and do not …

• Pre Islamic Arab used to use the word Sharia’h to mean

water hole, drinking place, approach to watering place or
straight way to drinking place.

• Sharia –moral and social guidance derived from the

commands and actions portrayed within Islamic sacred
texts (Quran, Hadith, and Sunnah)

• Shariah is the path leading to Allah, shown by Allah and His

Messenger to mankind. In Islam, Allah, being the only
sovereign, has the right to ordain a path for the guidance of
mankind.
 Sources of Sharia’h

• Sharia’h the Islamic law consists of several

sources, such as- primary or fundamental sources
and secondary sources. Primary sources consist
of two things that is al-Quran and al-Sunna & al
ḥadīṯ (life and sayings of the prophet). The
secondary sources are mainly two, such as Ijma
(consensus of legally trained scholars) and Qiyas
(analogy). There are some additional secondary
sources, these are Istihsan (juristic preference),
Istishab (continuance), Masalih al Mursalah (the
most beneficial for the community) Adat and Uruf
(habitual and customary law), sadd al-ḏharāʾiʿ
(blocking the means), and šarʿ man qablanā (laws
revealed prior to the advent of Islam).
• The word Shariah had little value before Islam.
Islam accepts the term and considers it as the
Islamic law. It is law because it is a combination of
the above sources otherwise it is simply an Arabic
word nothing else. Since these sources made the
Shari’ah worthwhile therefore a brief discussion
on the basis are to be placed as following.
 Sources of Shariah

Sources of Shariah

Secondary

Primary

Main Additional
Difference between Shari’ah and Man-made Law

Man-made laws differ from Shari’ah in a number of significant

ways, like-
• Men make laws when they feel the need; these laws start
from a few and then grow in number over the years. On the
other hand the Islamic law is complete, perfect and includes all
aspects of human life.
• Man-made laws are not permanent. On the other hand,
Sharia’h is permanent for all people all the time. It does not
change with time and conditions. For example, drinking wine
and gambling are not allowed under Islamic law. And no one
can change this; it is a law that is valid for all times and for all
places.
• Man does not have knowledge of the future. On the other
hand, Allah is All-knowing and All-powerful. He is the most Wise
and His laws are the best and the complete.
• Man is a created being. His laws are the creation of the
created. And Allah is the creator and His laws are for the men,
His creations.
• Man-made laws may be suitable for the particular nation or
country. They can not be universal. On the other hand, Allah’s
laws are for all nations, all countries and for all times. They are
universal.
• Man-made laws suit their own needs. Suppose, members of
parliament want to decrease the rate of tax on the rich, they
would do so, even if the majority of the people suffered and
there was high unemployment in the country. On the other
hand, Allah is above all needs. He is not dependent on
anything, so His laws are for the good of all people and not for
a few selfish people.
Human Actions in the view point of
Islamic Shari’ah
• Islamic law divides all human activities into five categories.
They are –
• Fard / Wajib: (Duty / Obligatory) performance of this actions
are rewarded and their omission is punished.
• Mandub: (recommended) actions the performance of which
is rewarded but omission of which is not punished.
• Mubah: (silent) actions permitted by silence.
• Makruh: (disliked) actions disapproved but not punished.
• Haram: (forbidden) actions punishable by law.
• Then the fard (obligatory) is divided into two kinds: fard ‘Ain
(individual obligation of each Muslim) and fard kifayah
(collective obligation of Muslim Ummah).
 
• We may also divide all human activities into two groups:
• a) Ma’rufat (virtues).
• b) Munkarat (evils).
• Then the Ma’rufat are classified into the following three
categories:
• 1) fard/wajib (mandatory or obligatory)
• 2) Mustshab / Mandub/ Matlub (recommendatory/
likely/expected).
• 3) Mubah (permissible).
• And the Munkarat are classified into two categories:
• 1) Haram (absolutely prohibited)
• 2) Makruh (simple disliked)
ISLAMIC CONSTITUTION

• MEANING OF CONSTITUTION
• DEFINITION OF ISLAMIC
CONSTITUTION
• CONTENTS, SOURCES AND
• MAIN FEATURES OF AN ISLAMIC
CONSTITUTION
 Definition of constitution
• The set of principles which are applied for the
administration of a state (Executive legislative
and judiciary) is called the constitution.

• It is also called the government wheel of a

state without which anarchy would result in the
administration of a state.

• According to C. F. strong: “A constitution may

be said to be a collection of principles
according to which the power of the
government, the rights of the governed and
the relations between the two are adjusted.”

• According to Thomas Palne, government

without constitution is a power without right.

• According to Aristotle, constitution is the way

of life that the state has chosen for itself.
 Islamic constitution
Islamic concept of constitution may be
defined as:
• “A set of rules given by Allah, His
Messenger and practices of the
immediate successors of the Prophet
(SAAS) according to which the power,
rights and obligations of the ruler and the
citizens and the relations of both (ruler
and ruled) can be determined.’’

It can also be further defined as:

• “Islamic constitution is a codification of
some relevant portions of revealed laws
and practices of the rightly guided caliphs
that determine and dictate the matters
relating to state and citizen thereof.”
Scope or contents of Islamic constitution

• Scope means the topics or subject matters that a

constitution deals with. The strength of the scope
depends on the size of a constitution. The
constitution of Bangladesh is consisted of 153
Articles with eleven parts.

• The contents of a constitution of all democratic and

secular countries are almost the same. Since
contents cover the state principle, rights of the
citizen, pattern of the government etc. therefore, an
Islamic constitution also adopted them, as the
subject matters are almost the same.

• It is to be noted that, Islamic constitution and

constitutional government is far earlier than the
present form of secular constitution and
constitutional government.

• Islamic constitution took its shape and practice right

from the time of Prophet Muhammad (SAAS). in the
year 622 AC, which was year of his formation of
state of Medina as well under his able leadership.
Basis or Sources of Islamic constitution

• Every discipline has its own basis and

basis means the sources. The basis of
Islamic constitution is Shariah the Islamic
law. It means that a constitution to be
Islamic must be based on Islamic law.
Islamic law is based on Shariah.
Regarding the source and role of Shariah
Allah Ta’ala says,
– Then (O prophet) we put you on Shari’ah
(the right way of religion) Therefore follow it
and do not follow the desire of those who do
not know.
Some special features of an Islamic constitution

There are several special features of an

Islamic constitution. Such as:
• Supremacy of Shari’ah
• Administration through consultation
• All wealth belonged to Allah
• Citizen share their property for the well
being of their fellow human being
• It acts as mouthpiece of government
• Role of Public media is for the interest of
Muslim and Islam
• The Government is savior of distress and
oppressed people
• Government is duty bound to produce basic
needs
• The government is guardian for building of
good character
• It produces Allah fearing and hereafter
faced citizen
GOVERNMENT: AN OVERALL IDEA

 WHAT IS GOVERNMENT?
 WHAT DO GOVERNMENTS DO?
 DIFFERENT TYPES OF GOVERNMENT
 MORE THAN ONE GOVERNMENT
 HOW DID GOVERNMENT DEVELOP?
WHAT IS GOVERNMENT?

• Many groups have governments—people
who are in charge.
• the people in charge of a country, a state,
or a city.
• The people in charge have a system for
governing (ruling).
• This system for governing is also referred
to as a government.
WHAT DO GOVERNMENTS
DO?
• It provides stability and services
• It provides stability
– maintaining order within a country
– protecting the country’s borders from outside
attack.
• It makes laws and enforce laws to protect people’s
rights.
• They organize a country’s military defenses, and
they make agreements with other countries to
keep peace.

• It provides many services.

– such as schools, parks, sewage systems, and
streets and highways.
– They print money and make coins.
– They generally regulate, or control, activities
such as trade and transportation.
– Government regulations may also protect
people against faulty products, unclean water
and air, and other dangers.
 DIFFERENT TYPES OF GOVERNMENT
• Monarchy: In this type of government, one person is
the monarch, usually a king or queen, or an emperor
or empress.
– When a monarch dies, power passes to one of the
monarch’s children or, if there are no children, to another
family member.
– In the past, monarchs were completely in charge of their
countries. They chose all other officials. Today, most
monarchs have much less power.
– The United Kingdom, for example, has a monarch with
very limited powers.
• the republic: In a republic, the people elect (choose)
the rulers and top officials. These rulers and officials
do not hold power for life. They are elected for a
specific period of time. After that time is up, the group
chooses another ruler.
– Most democracies, like the United States, are also
republics.
– In a democratic republic, the people have rights that no
ruler may cut off. The people can also replace their rulers.
– Republics can turn into dictatorships.
• In a dictatorship, one person—the dictator—has total power.
Dictators can usually do whatever they want. Everyone must
obey a dictator. In some dictatorships, a small group rules, rather
than one individual.
• In a military dictatorship, the ruling officials are military officers.
Some dictatorships call themselves republics.
 MORE THAN ONE GOVERNMENT

• Federal system: In a federal system,

power is shared between a central
government and smaller government
units. In the United States, for example,
there is a federal, or central, government
for the entire country. In addition, each of
the 50 states has its own government.

In some matters, the state governments
have final say. In other matters the federal
government rules. Each state, for example,
sets its own speed limits. Only the federal
government, however, can mint money or
declare war.
 HOW DID GOVERNMENT DEVELOP?

• In earliest times, people lived in small groups. Everyone knew

everyone. Not much government was needed.
• As human communities grew larger, governments began to
form.
• Priests and warriors headed the first governments.
• The top ruler was often seen as a god.
– Ancient Egypt had such a government.
• Around 500 BC, small city-states formed in Greece.
– In these city-states, citizens made group decisions together. Each
citizen had a voice.
• Later, the Romans created a new kind of republic.
– They elected officials to represent them. These officials governed
the people.
– A set of laws governed the officials.
• True national governments took shape around the 15th century.
– Each government ruled a territory surrounded by a border.
– Its laws had to be obeyed by everyone living within those borders.
– These nations all started out as monarchies.
– Their governments merely kept order, punished crimes, fought off
invaders, and made war.
– No one expected more from the government.
• Over time, many monarchies turned into democratic republics.
In today’s democracies, most citizens believe the government
has duties as well as powers. They expect the government to
provide services. They expect it to help solve problems such as
poverty
 STATEHOOD AND ISLAMIC STATE
(KHILAFAH)

• INTRODUCTION TO STATE
• DIFERENCE BETWEEN GOVERNMENT
AND STATE
• IDENTITY OF AN ISLAMIC STATE,
• PHILOSOPHY AND NECESSITY OF
ISLAMIC STATE,
• PURPOSE OF ISLAMIC STATE,
• BASIC PRINCIPLES OF ISLAMIC STATE,
• MODERN NATIONAL STATE AND
ISLAMIC IDEOLOGICAL STATE: A
COMPRISION,
• BASIC ORGANS OF STAE
• GOVERNMENT IN VIEW POINT OF
ISLAM
 Introduction to State
• According to the modern scholars, the state
is a concept of political science and a moral
reality which exists where a number of
population living in a definite territory are
unified under a government which, in internal
matters, is the organ for expressing its
sovereignty and, in external matters, is
independent of other government.
• In this regard Dr Mustafa Kamal says: "State
is a territory where a group of well organized
people live having sovereignty".
• Dr Abdul Karim Zaidan says that "whatever
the definition is given, the state must have
certain elements as follows;
• (1) Well- organized population
• (2) Under a universal system.
• (3) Living in a definite territory.
• (4) Having sovereignty.
• (5) Being free from any external influence.
 Relationship between state and government

• The state is the basic organization

determining the distribution of power in a
given geographic area.
• The government is the mechanism that
allows and controls its day-to-day
operations.
– Government is an essential element of state.
• Both terms, state and government, are
often used as identical terms.

The following are some differences between

state and government.
 The Government is only an Element of State
 The Government is an Agency of State
 State is Natural, Government is not natural
 State is Invisible and Abstract, but
Government is visible and concrete
 Original Powers vs. Delegated Powers
 Form and Nature
 Stability
 Membership
 Identity of an Islamic State
• The Islamic system of state, established by the
prophet (PBH), existed from 623CE in Medina. The
state of Medina was neither monarchic (one person is
the monarch, usually a king or queen, or an emperor
or empress) nor republican, ruled on the policy of the
majority. This state was based neither on tribalism nor
on nationalism rather on humanism and Islamic
monotheism. It was really an Ideological state and the
ideology was Islam only.
• The Islamic system of state, established by the
Prophet Mohammad (PBUH) and followed by his
immediate successors, existed from the time of the
establishment of Islam 1400 years ago. After the
rightly guided Khalifas, the state turned into some
what monarchic but was not derailed totally from its
ideology and basic principles of Islam. At last with the
end of the Ottoman regime the Islamic state (Khilafah)
was completely destroyed by Mustafa Kamal in
1924CE. The capital city of the Khilafah at the time of
its demise was Istanbul. There is reason to believe
that if this kind of state is established again the whole
humanity will get their much needed peace and
happiness returned.
 Philosophy of Islamic State
• From time immemorial, numerous ideologies have come into
existence; however, there is no concordance with one another,
because one doctrine comes into being challenged by other
ideologies. This is because those who are the originators of these
doctrines, their belief, thoughts, feelings and nature are totally
differed from one another. Aftermath, the people are experiencing
dire consequences because of the man-made ideologies.
• The one and only remedy for these complex circumstances is to
believe that there is none to be worshiped, not a single one whose
order may be abided by in the cosmos but Allah. Who created the
whole world and everything in it, He alone is the Master, Sustainer
and All powerful. He knows everything seen or unseen.
• There is no loyalty in His deeds and thus His is the absolute right
of giving directions and interdictions. And His system is
undoubtedly far away from defect and blame. Human being is the
servant of Allah. He has no right to make any doctrine or ideology;
rather it is Allah alone who created him and made him subject to
His will.
• Therefore, he has no duty in this world but to pay servitude to
Allah and to put his orders into effect. His life in this world is
meaningless and can never be successful unless he turns to be a
pure servant of Allah following His universal system in all aspects
of life.
• If we think over the creations of Allah we can see that the whole
world follows His universal system. Even in a human being, his
body function is obedient to this universal system.
• Since, the whole world and everything in it, living or non-living
follows His universal system because, this is the kingdom of Allah
alone. So, we may define this universal system as His political
system and the whole world is His State.
 Necessity of Islamic State
• The Muslim Ummah has come to realize that the
solution to their problems rests on creating the
Islamic state. Nevertheless The Islamic State is
not a desire that one aims to satisfy, but an
obligation that Allah (SWT) has decreed on
Muslims and commanded them to execute.
• Besides, Islam is a comprehensive way of life,
which necessitates the existence of the State to
implement the Shari'ah at individual and social
level comprehensively. Individuals can abide by
some rules of Islam related to the prayer, fasting,
and Hajj. The other rules of Islam that organize the
various political, social, economic, and
international relationships require the existence of
the state with the authority to organize the myriad
of relationships to mobilize the Ummah towards
propagating Islam.
• Therefore, Muslims must establish the Islamic
State, for Islam would not have an influential
presence without it, and their country would not
become an Islamic homeland unless it is ruled by
the Islamic principles.
The purpose of an Islamic
State
• The holy Qur’an clearly states that the aim and
purpose of an Islamic state is the establishment,
maintenance and development of those virtues that
the creator wishes human life to be enriched by and
the prevention and eradication of those evils in
human life, which He finds objectionable.
• The Islamic state has some specific objects and
purposes. These are
– Establishing Salat (prayer) so as to ensure that people
pray and get chance to perform their prayer at the fixed
time in each and every sphere of the state and non-
praying is made a punishable offense;
– To establish the institution of Zakat- so that all those who
are required to pay Zakat, pay it to the government’s
Zakat fund and to ensure that due recipients of it get it
through government’s arrangement.
– To enjoin what is good and virtuous – so that the
government encourages the citizens for all kinds of good
deeds.
– To shun and forbid what is bad and evil – so that the
evildoers get punishments for such actions that are not
recommended by Islam.
– Therefore, the administrations of Islamic state make the
Holy Qur’an the law of their country in the spheres of life.
The duty of an Islamic state

• The duty of an Islamic state is to establish Salah,

Zakah and promote the right and forbid the wrong.
(22:41). the state is responsible for the welfare of all
its citizens- Muslims and Non-Muslims. It must
guarantee the basic necessities to all citizens. 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.
The Islamic state is duty bound to implement the
laws of the Qur’an and the Sunnah. The Qur’an
strongly denounced those who do not decide their
matters by Allah’s revelations. (5:42-50)
• The Islamic State shall ensure a fair distribution of
wealth. Islam does not believe in equal distribution
as it is against the law of creation. An Islamic state
is based on the model of the prophet Muhammad’s
(PBUH) state in Madinah while a Muslim state is the
one which has a majority Muslim population and
some Islamic features.
Islamic State and its basic principles

• An Islamic state is one which runs

according to the principles of Islam. But a
state is said to be Islamic not merely
because the majority of its population are
Muslims.
• An Islamic State can be defined in this way,
"It is one which is governed by the Muslims
and run according to the principles of
Islam".
• Islam wants to fashion our entire life
according to the principles of individual and
social behavior revealed by Allah and
practiced by His prophet Muhammad (SM).
The Qur'an declares:
• "O you who believe! Obey Allah and obey the
Messenger [Muhammad (SM)], and those who are
in authority. If differ anything amongst yourselves,
refer it to Allah and His Messenger, if you believe in
Allah and in the Last Day. This is better and more
suitable for final determination. (Sura An-Nisa, (4:59)
basic principles of an Islamic state
The Ayah (4:59) discloses five basic principles of an Islamic
state. These are:
• Allah (SWT) is the sovereign lawgiver Who must be obeyed
without any question.
• Prophet Muhammad (SM) is also to be obeyed unconditionally
as he is Allah's Vicegerent.
• All other legal authorities will be obeyed conditionally; so long
as they obey Allah and the Prophet. None can be obeyed in
violation of the clear commands of Allah and His Prophet (SM)
• Dispute is allowed with all other authorities except Allah and His
Messenger. Government and people are two parties. In case of
any dispute between them the matter must be referred to Allah
(the Qur'an) and to His Messenger (in his presence) or to the
Sunnah of the Prophet (in his absence).
• There must be a recognized body (Judiciary) to pronounce
verdict according to the holy Qur'an and the Sunnah. And this
body must enjoy complete independence to give judgment
even against the government if necessary.
In other words, the state is treated to be an Islamic state that
possesses the following features:
• No person, class or group, not even the entire population can
claim sovereignty. Allah alone is the real sovereign; all other are
merely His subjects.
• Allah is the real law giver and the authority of absolute
legislation vests in Him. No body can modify a law which Allah
has laid down, nor he can desire to effect or change in Allah's
Divine laws.
• The government of such a state will be entitled as a political
agency to enforce the laws of Allah among the people of its
territory
Modern National State and Islamic Ideological State:
a comparison
Guiding Modern State Islamic State
Criteria
Character Secular, Democratic or Ideological,
National Democratic and welfare
state
Basis Sovereignty of people, Unity of Allah, Resalat
Secularism, and and Khilafat
capitalism
Supremacy Supremacy of people is Belief in the
claimed as sovereign sovereignty of Allah
authority and supremacy of
Islamic Shari'ah
Relation between state Separation of state from Religion and state are
and religion religion or freedom same and intertwined.
from religion
completely
Source of law Parliament, verdict or Al-Qur'an, Al-Sunnah,
ordinance Ijma' and Qiyas
Vote Regarded as right of Regarded as trust and
people right as well
Accountability Government are the government is
accountable to people accountable firstly to
Allah and then to
people
Power of legislation May legislate whatever Legislation must be
they wish in any time. within the limits
prescribed by the ‘ah.
Judiciary Not completely free Completely
from executive Independent
Economic System Controlled by some Based on System of
powerful capitalists Zakah and on fare
distribution
Basic Organs of a State in
view point of Islam
• The state may be termed as a political
system which functions as the whole of
the social system with its set boundaries,
goals, processes etc. Thus the state as a
political system consists of many sub-
systems and these sub-systems may be
treated as its organs.
• The main organs or sub-systems are:
– a) the executive
– b) the legislative and
– c) the Judiciary
Functions of the Executive
The functions of the Executive depend on the
nature of the government. In an Islamic state,
the functions of the Executive, in brief, are as
follows.
• To manage all sorts of activities for the
attainment of the purposes of the state.
• To protect the country from the foreign
aggression.
• To maintain the foreign relations.
• To perform the financial functions.
• To maintain law and order and run the
administration.
• To establish and maintain the publication and
broadcasting department and communicate the
local and global news to the citizens fairly and
impartially.
• To appoint Hisbah (ombudsman) for supervising
the activities of all the branches of government.
So the Executive of a state is responsible for all
the affairs of the state and its citizens.
Quality of the head of the state
The question of qualifications of office-bearers
is very important. In fact, this alone can
guarantee the proper functioning of the
Islamic state. As regards the eligibility for
membership of the Shura or for the post of
the Head of the state, the Qur’an and
Sunnah have given clear guidance. Such as:
• He must be a Muslim male
• He will be physically sound and trustworthy
• He will bear an unblemished Character
• He will acquire enough knowledge about
Islamic Shariah
• He will be dedicated for the rules of Islam
• He will be of sufficient age of a complete
man
• He must not have any greed for the post
• He must be the most Allah-fearing man
• Able to run the state affairs to the point
Some disqualification of woman for
being head of the state

• Woman is unfit to lead prayer (Salah)

• Attending in congregational prayer (Jama’ah) is
not obligatory for women.
• Even if she is present in the Jum’ah, she has to be
in the back.
• She passes monthly menstruation period regularly,
which prevents her from entering into mosque,
even touching the Qur’an is not permissible for her
during that period.
• Salatul Jum’a (Friday prayer) is not obligatory on
her.
• She is not permitted to go with funeral procession
and participate in funeral prayer (salatul Janazah).
• She is not permitted to go to tour ( Safr) with other
than her muhrim (the person not permitted to
marry her like father, brother etc).
• Physically and mentally she is not as strong and
capable as a man is in handling rough and difficult
situations.
How to select the head of the state
The Qur’an and Hadith have not expressly mentioned how a Head
would be elected or selected, but we may get a clear Idea of the
right path to choose a head of the state if we look to the period of
the prophet (SM) and his rightly guided caliphs.
• The prophet (SM) was directly appointed by Allah (SWT) and his
four rightly guided caliphs were elected in different four ways.
These are:
• The first Caliph Abu Bakr ® was elected through proposal and
support.
• The second Caliph Umar ® was elected through selection. The
proposal of his headship was presented to the Majlish al Shura al-
Khas and then to the Majlish al Shura al-A’m. And the proposal
approved by both Majlish.
• The third Caliph Uthman ® was selected by another process. Just
before the death of Caliph Umar ®, he appointed six members
electoral board and directed the board to elect any of them as
Caliph. Three of them declined their name from the race or
Caliphaship. The electoral board finally proposed the name of
Uthman ® unanimously and presented the nomination before the
general mass who approved the nomination without any
reservation.
• And the fourth Caliph Ali ® was selected by the intellectuals of the
nation. Upon the tragic death of Uthman ®, the citizen approached
Ali ® to be the Caliph but he did not accept the proposal and said:
it is not the matter of the general mass but it is the matter of all
level of intellectual (Ahl al Hall wa al Aqd). He further said: it is not
such matter that you can decide but it is the matter of those who
participated in the battle of Badr. Whoever is approved by them he
can be the Caliph. Let us assemble together and decide the case.
THE LAGISLATIVE

• SHURA
• PARLIAMENT AS A LAW MAKING BODY
• DIFFERENCE BETWEEN PARLIMENT
AND MAJLISH E SHURA
• FUNCTIONS OF MEMBER OF MAJLISH
E SHURA
Legislation in an Islamic state
• Legislation in an Islamic state should be within the limits
prescribed by the Shari‘ah. The injunctions of Allah and His
Prophet are to be accepted and obeyed and no legislative
body can alter or modify them or make any new laws, which
are contrary to their spirit.
• Great scope would still be available for legislation on
questions not covered by any specific injunctions of the
Shari‘ah, and the consultative body or legislature is free to
legislate in regard to these matters.
• In this respect Mawlan Abdur Rahim states that there is no
function of legislating in its true sense as in conventional
political system, but searching, codifying of the injunctions
of Allah (SW) in the light of the Sunnah of Prophet
Muhammad (PBUH) as well perusing the way and occasions
to imply these injunctions.
• Hence there are four aspects of bringing the injunctions of
Allah (SWT) into application. These are as follows.
• Making laws, this function is for Almighty Allah alone.
• Searching, codifying and seeking way to imply the
injunctions, it is for the Shura.
• Executing the laws, the executive body is duty bound for
this.
• On the basis of the Islamic laws, solving the conflicts and
contradictions among the people and criminal punishment, it
is duty bound of the judiciary.
Shura or Consultation for
legislation
• The term 'Shura' is derived from shour means consultation in
order to arrive at a collective decision. The word 'Shura' is used in
the holy Qur’an to denote a decision-making process among the
people. Regarding this Allah says,
– “They conduct their affairs by mutual consultation ” ( Sura al Shura 38)
• Shura or consultation in the Islamic political system is so central
and fundamental that without it the whole political process is
rendered null and void and of no effect. It is as such that even the
Prophet (SM) with his special position and direct access to Allah
did consult his companions.
• Because, he was commanded by Allah as saying,
– “and consult them in the affairs. Then when you have taken decision, put
your trust in Allah, certainly Allah loves those who put their trust in Allah”.
(Al-Imran 159)
• It is clear to us that 'Shura' is indispensable for the Islamic state. It
composed of the learned and sagacious men who are elected by
the people.
• In this respect Allah enjoins,
– “Ask of those who know scripture if you know not”. (Surah Ambia: 7).
• Besides, it is an honor for them that they are asked of all sorts of
Islamic laws because they are appointed for delivering Islamic
laws regardless whether it is concerning to collective or state
affairs..
• In addition to this, since the Qur’an and the Sunnah are two main
sources of Islamic laws, the body of the Shura must be able to do
Ijtihad. Otherwise, it would be quite impossible for them to perform
their duty precisely.
Parliament: The law making body

• Parliament is called Legislative Assembly

or Law making body.
• Islamic terminology for the same is Majlis
al Shaura or consultative Assembly.
• However, the concept of parliament and
Majlis al-Shura is not the same exactly.
• It is because though both parliament and
Majlis al Shura is the hallmark of
democracy, but democracy in Islam and
non Islam is not the same in its
conceptual and practical aspects.
• Under Islamic constitutional government
the name of parliament can be remained
as it is but the activities of the said
parliament will absolutely be different than
the present parliament under west
Minister Style of democracy.
Functions of member of Majlis al-Shura

he functions of the members of Majlis al Shura of a state run by an Islamic

constitution are as follows:
• 1) It is to act for the augmentation and upgradation of honor, dignity and
development of Shari’ah the Islamic law, for the area in places which are
not covered by the Qur’an, Sunnah, Ijma’a and Qiyas and said law must
not contradict the law of Allah and His Messenger.
• 2) It is to examine, scrutinize and pass the bill presented by the
government or by the Majlis itself.
• 3) It is to approve the budged of the government or semi government run
by the government fund as well as the audit report of the government.
• 4. It is to investigate legal institutes and various department of
government and approve the said investigation report prepared by
relevant authorities.
• 5. It is to approve or reject the declaration of government about war and
peace.
• 6. It is to approve all types of agreements relating to inter and
international treaty and other commitment of the government.
• 7. It is to express the opinion in the session of the Majlis compulsorily. It
is to be noted that opposing of the decision of Majlis is to be considered
as offence in the eyes of law. Because Allah Ta’ala says,
– “Once you decide something through consultation then stick to it.”
there are some functions of the members of the Majlis. Such as:
• To explain the difficult terms of Islam
• Adoption of new law
• To explain the difficult part of law
• To undertake research for application of law
• To examine, scrutinize and pass the bills
• To approve the budget of the state
THE JUDICIARY

• PHILOSOPHY OF ISLAMIC JUDICIARY

• MEANING OF JUDICIARY AND
ADMINISTRATION OF JUSTICE
• NATURE OF JUDICIARY BEFORE
ISLAM AND UNDER PROPHETIC RULE
• PRINCPLE OF ISLAMIC JUDICIARY
• PURPOSE OF ADMINISTRATION OF
JUSTICE
• QUALIFICATION OF JUDGES AND
TYPES OF PUNISHMENT.
The Judiciary
• Justice in its true sense can only be
materialized through judiciary. Therefore, it is
very important.
– Because, how good the legislative and executive
are it cannot be seen in its optimistic pace without
the proper and effective role of judiciary.
• The aim of sending the messengers of Allah
with clear signs and sending the scriptures
down with them is that the people would uphold
justice. If men were able to achieve justice
through their intellect there would have no need
for the revelation. Emphasizing on judiciary
Allah says,
– “But no, by your Lord, they can have no faith until
they make you judge in all disputes between them
and find in themselves no resistance against your
decisions and accept with full submission” (An
Nisa65).
• This duty, to establish an Islamic judiciary is not
only to the messengers but also to all believers.
Definition of administration of
justice
The Qur'anic term 'Qada' which means
administration of justice. It also indicates
that is to give an order and judgment. It is
a system where the act of deciding or
passing decisions on something is rooted
in.
• Maulana Abdur Rahim mentions,
“Judiciary is an institution, which settles all
sorts of disputes and disagreements of
litigates”.
• It is referred to in Qamus al Muhit, “to
settle the disputes among the people with
the Shri’ah”.
• Allama Saraksi says, "Judiciary is to judge
among the people hearing the litigants
and knowing the true happening and
apple of discord"
Nature of Judiciary before Islam

The nature of judiciary before Islam was as

follows:
• There was no written law or code at all.
• The social customs and natural rules were
the measurement for all decisions.
• None was bound to abide by the verdict, nor
was there any acceptable standard of
carrying out the verdict of the court.
• The winners had to jump on the losers
together with their supporters.
• By nature the Arabs used to side with the
cause of the victims. Therefore, it was easy
to get the attackers.
• the decision of the court was not more than a
moral advice.
• There was no concept of independent
judiciary
• The tribal head himself was the lawmaker
and the chief justice, his word was the law
and his decision was the final decision.
Nature of Judiciary under
Prophetic Rule
There were several features of the Judiciary
under the Prophetic period of the new
Islamic state of Madina. These are as
follow:
• The Qur’an and the Sunnah were the
primary sources of Judiciary in place of
custom and tribalism that was practiced
before Islam.
• Acceptance and execution of the
decision of the Prophet (SAA) was
made very much compulsory and
obligatory; rather it was a vital part of
Iman for both of them (a claimant, plaintiff
and defendant)
• The Prophet was made the chief
Justice in the place of tribal head.
 Principle of Islamic Judiciary

The fundamental principles of Islamic

judiciary are that
• It is not placed under the control of the
executive.
• It derives its authority directly from the
Shari'ah and is answerable to Allah.
• The judges will obviously be appointed by
the Government but, once appointed, will
have to administer justice impartially
according to the law of Allah.
• All the organs and functionaries of the
Government should come within their
jurisdiction. Even the highest executive
authority of the Government will be liable
to appear in a court of law as a plaintiff or
defendant.
 Purpose or aim of administration of justice

• Purpose or objectives of Qada or

administrations of justice are as follows:
• To protect the weak and punish the wrong
doers in the society according to the rules
revealed by Allah to His Prophet (SM).
• To do justice with a view to the
establishment of peace on the earth,
concord among humanity, advancement of
society and safeguard of social as well as
human interest.
• While doing justice, to be witness of Allah
(SWT).
• To pass judgment freely and fairly even
though it goes against close relative like
parents, children or it goes against one's
own self and against rich or poor.
• To discharge the duties of khilafah as
imposed by Allah (SWT).
 CITIZENSHIP
• CITIZEN AND CITIZENSHIP IN THE
LIGHT OF ISLAM
• TYPES AND NATURE OF CITIZENSHIP
• SOME COOMN RIGHTS OF CITIZENS
• A BRIEF DISCUSSION ON HUMAN
RIGHTS AND FUNDAMENTAL RIGHTS
– RIGHT TO FOOD
– SHELTER
– CLOTH
– HEALTHCARE AND
– EDUCATION
 Definition of citizen

• The word citizen literally means resident

of a city who enjoys certain privileges of
such residence.
• The word is derived from the Latin word
‘civics’.
• By a citizen, we mean a member of a
state who enjoys all rights and privileges
granted by it and also discharges his
duties and obligations towards the state
and other associations within it.
• In short we may say that a person will be
treated to be citizen of a state, when he
fulfills the following conditions:
– Member of the state.
– Enjoys social and political rights.
– Sentiment of devotion to the state.
 Types and nature of citizenship

• As the Islamic state is an ideological state since it

is a system of both thought and conduct and
aims at creating a state on the basis of its
ideology, it prescribes two types of citizenship.
These are:

• Muslim (those who believe in Islam as the

complete code of life) and

• Dhimmi or protected people (those who do not

believe in Islam). It refers to the non Muslim
citizens of an Islamic state who have affirmed to
remain loyal and obedient to it. The Dhimmi can
be born one as well as migrant one. Islam
confers the guarantee of protection of life, limb,
property, religion, culture, honor and dignity. In all
civil matter they enjoy same rights as Muslims
do. They are eligible for all kinds of employment
except for key post. They are exempted from
taking part of the defense of the state.
Some Common Rights of the Citizens

There are some basic rights that Islamic constitution

guarantees to its citizen, both Muslim and Dhimmi.
Islam has also laid down certain rights for the non-
Muslims who are living within the boundaries of the
Islamic state.

Those rights are:

• Right to Free Movement
• Protection of life and Property
• Participation in the Politics and Government
• Observance of Personal Law
• Observance of Own Religion
• Participation of Trade and Profession

By clear declaration, Islam makes an opportunity to

each religious community to follow its own religion or
own customs. But if anybody declares himself to be
a Muslim, he must follow the rules of Islam
accordingly. That is why Islamic law encourages the
people of other faiths to be converted to Islam, but
strictly prohibits the Muslims from abandoning Islam.
 Duties of citizens

In Islam, the implication of rights and duties is very

important and it bears special significance. There are
certain rights of the state upon its citizens. Among
these-
• The first is that of obedience. The Prophet (Sm)
says:
– “The state shall have to be heard and shall have to be
obeyed in adversity and in prosperity, and whether it is
pleasant or unpleasant to do so.” – Bukhari and Muslim.
• We may say in other word, the order of the state, be
it palatable or unpalatable, easy or hard, shall have
to be obeyed under all circumstance, subject to
satisfaction of Allah.
• Second obligation is that they should be for the state
and work for its welfare.
– In the Qur’an and Sunnah the term ‘Nush’ has been used
for this purpose which means loyalty and allegiance.
• Third obligation is cooperation, which is obligatory
on the citizens of the Islamic state. Every citizen
shall have to co-operate whole-heartedly with the
government and to make scarifies of life and
property for it..
Human Rights and Fundamental Rights

• Human rights are those rights of all

citizens of a state which are so basic, just,
straight, upright, virtuous, appropriate,
suitable, most convenient, favorable and
satisfactory.
• Human rights are the rights which men
possess by virtue of their birth. These
rights may also be called fundamental
rights.
• These rights are not dependent upon the
will of any human mind rather it is the
absolute prerogative of Almighty Allah.
• The rights that a person is entitled to
enjoy throughout his life are called basic
or fundamental rights and these rights are
recognized or enforced by the state. So to
say, the same right under international law
is treated to be human rights.
human rights or fundamental rights

• As human rights or fundamental rights Islamic law

guarantees the following rights.
– Right to life
– Right to have five basic needs
– Right to be free from persecution
– Right to equality and equity
– Right to privacy
– Right to justice
– Right to freedom of religion and conscience
– Right to freedom of association, assembly and speech.
– Right to valid marriage
– Right to lead crime free-life
– Right to lead pollution free-life
• In Islam, human life, body, honor, chastity etc are precious
things. Since, they are inviolable. Nobody has the right to
kill or injure others illegally or without the sanction of
Sharia’h. In Islam killing is justified in the following cases.
• Intentional murder as way of revenge to be ordered by the
court.
• Killing in the just and lawful Warfield.
• Killing for the offence of treason against the Islamic state.
• Killing of a married adulterer and adulteress
• Killing of apostate who leaves the religion of Allah, and
• Killing of highway robbers.
 The fundamental distinctions between the
conventional and Islamic political system

• In conventional political system, the

sovereignty belongs to the people, while in
Islamic political system, sovereignty belongs
to Allah.
• In conventional system, the people make
Law; whereas; in Islamic system, the law-
giver is Allah.
• In conventional system, there is class
division; some of them are the rulers and the
others are subjects. But in Islamic system,
the absolute ruler is Allah and all people are
His vicegerents alike in their respective
fields.
• In conventional system, the laws are
changeable in passage of time and demand,
but Islamic laws are unchangeable. The
Islamic laws are equal for all mankind but
the conventional laws are contrary.