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Concept of State in Islam - Feb 15, 06

The document discusses the concept of the state in Islam. It begins by explaining that in Islam, the term "din" refers to the total way of life prescribed by Allah, encompassing worship, law, economics, social affairs, and politics. There is no separation between religious and worldly matters. The state in Islam is an effort to realize spiritual principles of equality, solidarity, and freedom within a human political organization. The state is not headed by a divine figure but aims to implement Islamic law and realize the spiritual in the practical world. The document examines views of Islamic scholars on the integrated and non-secular nature of the Islamic state based on the Quranic concept of tawhid (unity).

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0% found this document useful (0 votes)
87 views51 pages

Concept of State in Islam - Feb 15, 06

The document discusses the concept of the state in Islam. It begins by explaining that in Islam, the term "din" refers to the total way of life prescribed by Allah, encompassing worship, law, economics, social affairs, and politics. There is no separation between religious and worldly matters. The state in Islam is an effort to realize spiritual principles of equality, solidarity, and freedom within a human political organization. The state is not headed by a divine figure but aims to implement Islamic law and realize the spiritual in the practical world. The document examines views of Islamic scholars on the integrated and non-secular nature of the Islamic state based on the Quranic concept of tawhid (unity).

Uploaded by

Ahmad Farooq
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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You are on page 1/ 51

Concept of State

in Islam

Prof. Dr. Anis Ahmad*

*Prof. Ahmad is meritorious Professor and Vice Chancellor, Riphah International


University, Islamabad. He is also Editor of Quarterly Journal West & Islam,
Islamabad. He can be contacted at [email protected] and [email protected]
1. Significance
A review of Western Orientalism, during past two centuries
indicates recurring of certain themes which are based,
perhaps, on misgivings, misconceptions and myths. First
and foremost among these is the misunderstanding that the
Qur’an and Bible are comparable categories which leads to
mistaking al-Qur’an’s authorship by the Prophet (pbuh). It
also indicates a lack of understanding of meaning and
manner of wahi (revelation) and the nature of Prophetic
sunnah.

*J. Waansbrough, Qur’anic Studies Sources and Methods


of Scriptural Interpretation. Oxford, Oxford University
Press, 1977.
*John Burton, The Collection of the Qur’an, Cambridge,
Cambridge University Press, 1977.
Second, the role of the Prophet as a statesman
disturbs West’s image of a “holy” and “spiritual”
person. It is also unhappy to learn that the Prophet
lived a family life and condemned monk-hood,
celibacy and asceticism.

*Arnold J. Toynbee, A Study of History, abridged edition,


New York, Dell Publishing Co. Inc., 1957 P42.
Third, Western orientalists often pursue the view that
Islam was spread with sword. Islam is also projected
as a militant, aggressive and violent faith due to its
doctrine of jihad.

*Majid Khadduri, War and Peace in the Law of


Islam, Baltimore, The Johns Hopkins Press, 1955, P-
74-101
* John Laffin, The Dagger of Islam. New York,
Bantan Books, 1981
A wide spread position is that Islam has been unfair
to and discriminates against women in the realms of
education, law, politics, economy and society.
Polygamy, share in inheritance, evidence in law
courts, and right to political leadership, these are
highlighted as examples of gender discrimination.

*Fatima Mernissi, Beyond the Veil, Cambridge,


Mass, Schenkman Publishing Co 1975, P165-177.
Fourth there are deep rooted misconceptions about the
concept, nature, viability and role of Islamic state. Some of
these misgivings relate with:

i) Is the Islamic state theocratic or secular democratic?

ii) Do the Qur’an and the sunnah provide guiding principles


of state?

iii) Is Islamic state supposed to be a replica of Khilafat-i-


Rashidah, or a copy of Umavi, Abbasi or Uthmani dynasties?
iv) Does Islam approve kingship, dictatorship or hereditary
succession?

v) Is there a relationship between “fundamentalism” and


“political Islam”?

vi) Can a Muslim woman become head of state?

*An effort is made, in the following, to respond to some of


these issues.
2. “Religion” & Politics.
The core issue in contemporary discourse on the
concept of state in Islam moves around the nature
of relationship between “religion” and politics in
the Islamic world view.

* In its common understanding the term religion


refers to doctrines, rites, ritual, ceremonies,
offerings, sacrifice, festivals or celebrations.

* The word religion or the Arabic term madhhab


however does not exist in the Qur’an or the
hadith.
3. The Qur’anic concept of din.
The Qur’an defines Islam as din and not a
madhhab.

“Indeed din with Allah is Islam” (al-i-‘imran 3:19)

It further says:
“This day have I perfected your din for you and
completed My favor unto you and have chosen for
you al-Islam as din” (al-Ma’idah 5:3)
3.1 Din is a comprehensive term in the Qur’an and
means total way of life. This includes ‘ibadah or
devotion and worship:
“Say (O Muhammad) I am commanded to
worship Allah, making din pure for Him (alone)”
al-Zumar 39:11

3.2 The term din also refers to implementation of


shari’ah or law:
“The adulterer and the adulteress scourge you
each one of them a hundred strips. And let not
pity for the both withhold you from din of
Allah…” al-Nur 24:2
3.3. It also stands for introduction of Islamic
economic system:
“And they are ordered not else than to
serve Allah, keeping din pure for Him as men by
nature upright, and to establish salat and give
zakat, that is true din (dhalika din ulqayyimah)”
al-Baiyenah 98:5.
3.4 The word din also denotes realization of
Allah’s authority and sovereignty on land:

“Sovereignty (hukm) belongs to Allah alone,


who has commanded that you worship none save
Him. This is the right din, but most men know
not”
Yusuf 12:40
3.5 The term din also refers to conviction in the day
of judgment (yaum al-din) and consequently
offering help to the socially and economically
oppressed:

“Have you seen him who belies din. That is he


who repels the orphan and urges not the feeding
of the needy”
al-Ma’un 107:1-3.
Din in other words means Allah’s sovereignty and Allah
consciousness (taqwa), ethical conduct (ma’ruf) and fair
behavior (‘adl) in economic, social and political matters. It
recognizes no separation between din, siyasah, riyasah or
sultah. This is why the Qur’an refers to the prayer, (du‘a) of
Syedena Sulayman:

“O Lord forgive me, and give me such a dominion as non will


merit after me”
Sad 38:35

Earlier Allah (S.W.T) informs: “O Dawood We have made


you khalifah on earth so judge between people equitably”
Sad 38:26
4. Most of the world religions consider political activity
contrary to spirituality, sacredness and religiosity.

Christianity in general, and the mind of the neo-


colonialist intellectuals in particular, subscribes to
separation between state and religion and draws a line
between the profane and the sacred.

*Mircea Eleade, The Sacred and the Profane the Nature of


Religion, New York, Harcourt Brace & World, Inc. 1959
5. The Qura’nic comprehensive and integrated view of
din, does not recognize separation between the sacred
and the profane. Tawhid, the foundation of faith in
Islam demands unity in life, unity in universe, unity
in society, in economy as well as in political
behavior.

*Isma’il Raji al Faruqi, Al-Tawhid its implications for


Thought and life, Herndon, Virginia USA, International
Institute of Islamic Thought, 1982.
6. Concept of State in Islam
“The essence of Tawhid as a working idea is equality, solidarity and freedom.
The state from the Islamic standpoint, is an endeavor to transform these
principles into space time forces, an aspiration to realize them in a definite
human organization. It is in this sense alone that the state in Islam is a
theocracy, not in the sense it is headed by a representative of God on earth who
can always screen his despotic will behind his supposed infallibility… All that
is secular is therefore sacred in the roots of its being. There is no such thing
as a profane world. All this immensity of matter constitutes a scope for the
self-realization of spirit. All is holy ground. As the prophet so beautifully puts
it “The whole of this earth is a mosque”…The state according to Islam is only
an effort to realize the spiritual in a human organization.

M. Iqbal, The Reconstruction of Religious Thought in Islam, Lahore,


Shaikh M. Ashraf 1977, p154-155

(emphasis added)
7. Iqbal further says:
“Islam does not bifurcate the unity of man into an
irreconcilable duality of spirit and matter. In
Islam, God and universe, spirit and matter, church
and state are organic to each other. Man is not
the citizen of a profane world to be renounced in
the interest of a world of spirit situated elsewhere.
To Islam, matter is spirit realizing itself in space
and time”
M. Iqbal, Allahabad Address, P5
8. An American, non-Muslim scholar comments on integration
of religion, law and state in Islam as follows:

“Throughout Islamic history the legitimacy of the ruler and


the ideal blueprint of the state, whether caliphate, imamate,
continued to be official adherence to Islamic law as the basis
for state and society. Thus, although Islam may not have
been the guiding force in the life of its rulers, both in theory
and albeit in a more limited manner in practice, religion
remained organically related to state and society”

John L. Esposito, Islam and Politics, Syracuse, Syracuse


University, Press 1984, p221
9. A contemporary Muslim thinker observes:

“An Islamic state cannot be isolated from society


because Islam is a comprehensive, integrated way
of life. The division between private and public, the
state and society, that is familiar in western culture,
has not been known in Islam. The state is only the
political express of an Islamic society”

Hassan Turabi, “The Islamic State” in John L. Exposito, ed. Voices of


Resurgent Islam, New York, Oxford University Press 1983, p241
10. Quaid’s view of Islamic State.
10.1.“The establishment of Pakistan for which we have been
striving for the last ten years is, by the grace of God, an
established fact today, but the creation of a State of our own
was means to an end and not the end in itself. The idea was
that we should have a State in which we could live and breathe
as free men and in which we could develop according to our
own lights and culture and where principles of Islamic social
justice could find free play”

Address to Civil, Naval, Military and Air Force Officers, Khaliqdina Hall,
Karachi October 11, 1947 in
Quaid-i-Azam Muhammad Ali Jinnah: Speeches and Statements, Islamabad
Government of Pakistan, Ministry of Information, 1989, p74
(emphasis added)
10.2 “The constitution of Pakistan has yet to be framed by the Pakistan
Constituent Assembly. I do not know what the ultimate shape of this
constitution is going to be, but I am sure that it will be of a
democratic type, embodying the essential principle of Islam. Today,
they are as applicable in actual life as they were 1300 years ago.
Islam and its idealism have taught us democracy. It has taught
equality of men, justice and fair play to everybody. We are the
inheritors of these glorious traditions and are fully alive to our
responsibilities and obligations as framers of the future constitution
of Pakistan. In any case Pakistan is not going to be a theocratic
state, to be ruled by priests with a divine mission. We have many
non- Muslim, Hindus, Christians and Parsis but they are all Pakistanis.
They will enjoy the same rights and privileges as any other
citizens and will play their rightful part in the affairs of Pakistan”

Quaid-i-Azam Muhammad Ali Jinnah: Speeches and Statements,


Islamabad
Government of Pakistan, Ministry of Information, 1989, p157
(emphasis added)
10.3 It is my belief that our salvation lies in
following the golden rules of conduct set for us
by our great law-giver, the Prophet of Islam. Let
us lay the foundation of our democracy on the
basis of truly Islamic ideals and principles. Our
Almighty has taught us that “our decisions in the
affairs of the State shall be guided by discussions
and consultations”.
(al-Shura 42:38)

Speech at Sibi Darbar, Febrary 14, 1948


Quaid-i-Azam Muhammad Ali Jinnah: Speeches and Statements,
Government of Pakistan, Ministry of Information, 1993, p142
(emphasis added)
10.4 “You have fought many a battle on the far flung
fields of the globe to get rid the world of the
fascist menace and make it safe for democracy. Now
you have to stand guard over the development and
maintenance of Islamic democracy, Islamic
social justice and the equality of mankind in your
own native soil”

Address to Officers and Men of Ack-Ack Regiments, Malir,


Karachi, February 21, 1948
Rizwan Ahmed, Sayings of Quaid-i-Azam Muhammad Ali Jinnah: with his
life and time at a glance, Karachi, Pakistan Movement Center, 1993, p148
(emphasis added)
10.5 “Do not be overwhelmed by the enormity of the task. There
is many an example in history of young nations building themselves
up by sheer determination and force of character. You are made of
sterling material and are second to none. Why should you also not
succeed like many other, like your own forefathers. You have only
to develop the spirit of the “Mujahids”. You are a nation whose
history is replete with people of wonderful gifts, character and
heroism. Live up to your traditions and add to it another chapter
of glory.

All I require of you now is that everyone of us to whom this


message reaches must vow to himself and be prepared to sacrifice his all,
if necessary, in building up Pakistan as a bulwark of Islam and as
one of the greatest nations whose ideal is peace within and peace without.”

“The Task Ahead” Speech at the University Stadium Lahore, October 30,
1947.
Quaid-i-Azam Muhammad Ali Jinnah: Speeches and Statements,
Government of Pakistan, Ministry of Information, 1989, p94
(emphasis added)
10.6 “This Dominion which represents the fulfillment,
in a certain measure, of the cherished goal of 100
million Muslim of this sub-continent, came into
existence on August 15, 1947. Pakistan is the
premier Islamic state and the fifth largest in the
world”

Broadcast talk on Pakistan to the People of the United States of America,


February 1948
Quaid-i-Azam Muhammad Ali Jinnah Speeches and Statements,
Government of Pakistan, Ministry of Information, 1989, p155
(emphasis added)
11.1 Islamic State as Projected in the Constitution.

Article 31(i): “Steps shall be taken to enable the


Muslims of Pakistan, individually and collectively, to
order their lives in accordance with the fundamental
principles and basic concept of Islam and to provide
facilities whereby they may be enabled to understand
the meaning of life according to the Holy Qur’an and
the sunnah”.

The Constitution of the Islamic Republic of Pakistan, Islamabad,


Federal Judicial Academy, 1989, p22
11.2 Part IX, Article 227.
11(1) All existing laws shall be brought in
conformity with the injunctions of Islam as laid
down in the Holy Qur’an and sunnah, in this part
referred to as the injunctions of Islam and no law
shall be enacted which is repugnant to such
injunctions.

The Constitution of Islamic Republic of Pakistan


Islamabad, Federal Judicial Academy, 1989, p157
Also refer to Article 2-A;
Article 62, Article 203 and Article 230.
12. Objective of an Islamic State
12.1 Realization of Tawhid in space-time, in social and political
life is the raison d’etre of an Islamic state. It wants to
establish supremacy of the Creator in human institutions
through state as an effective agent.

All public life in Islam is “religious”, being


permeated by the feeling of ehsan or encountering the
Divine.

“Say Lo my salat and my sacrifice and my living and my


dying are (all) for Allah Lord of the World”

al-an‘am 6:162
12.2 Realization of an ethical order.
“Those who, if We give them power (authority)
in the land establish (system of) salat, pay zakah,
enjoin ma’ruf (ethical behavior) and forbid
munkar (indecency, evil and wrong)”
al-Hajj 22:41
12.3 Realization of a just social order.
“And fight them until persecution (fitnah) is no
more, and din (authority) is all for Allah”
al-Anfal 8:39
12.4 Realization of Human Rights.
“How should you not fight (tuqateluna) for the cause
of Allah and for the oppressed (mustad’afin)
men and women and children who are crying:
Our Lord (Rabbana) liberate us from this town
whose people are oppressors, so send us a
protecting friend (waliyan) by Your will and send us
some helper”

an-Nisa 4:75
13. Distinct features of an Islamic State.
13.1 Not a nationalistic state
“O mankind Lo we have created you male and
female, and have made you nations (shu’ub) and
tribes (qaba’il) that you may know one another.
Indeed the noblest of you, in the sight of Allah, is
the best in conduct (taqwa)…”
al-Hujrat 49:13
“He is not of us who proclaims the cause of tribal partisanship
(‘asabiyyah); and he is not of us who fights in the cause of
tribalism; and he is not of us who dies in the cause of tribal
partisanship”

*Sunan Abu Da’ud on the authority of Jubayr ibn Mut‘im quoted by M.


Asad, Principles of State and Government in Islam, Los Angles,
University of California Press, 1961, p.32
13.2 It is not a theocracy.
“By the word “vicegerency”, your mind should
not turn towards the Divine Right of Kings, or to
Papal authority.

According to the Qur’an, the vicegerency of


Allah is not the exclusive birthright of any
individual or clan or class of people, it is the
collective right of all those who accept and admit
Allah’s absolute sovereignty over themselves and
adopt the Divine Code, conveyed through the
Prophet, as the law above all laws and
regulations.
This concept of life makes the Islamic Khilafat a
democracy, which in essence and fundamentals is
anti-thesis of the theocratic, the monarchical and the
Papal form of government, as also of the present-day
Western secular democracy”

* Sayed Abul A’la Mawdudi, Islamic Law and Constitution, tr, ed.
Khurshid Ahmad, Lahore, Islamic Publication ltd.,1980, p218-219
13.4 “Since every adult Muslim has the right to
perform each and every religious function, no
person or group can legitimately claim to possess
any special sanctity by virtue of religious
functions entrusted to them. Thus the term
“theocracy” as commonly understood in the West
is entirely meaningless within the Islamic
environment”

M.Asad, Principals of State and Government in


Islam, Gibraltar, 1980, p21
13.5 Competence and election, and not succession
or dictatorship.

“Allh does command you to render back your trusts


(amanat) to those whom they are due (illa-ahliha)
and when you judge between them that you judge
with justice (‘adl)”.
an-Nisa 4:58
13.6 Participatory (shurawi), multi-party and consensus
oriented, not authoritarian or dictatorial.

“…and consult (wa shawirhum) with them upon the conduct


of affairs, and when you have resolved then put your trust in
Allah…”

al-i-‘Imran 3:159
Also al-Shura 42:38
13.7 Welfare oriented.

State is responsible for the welfare of all citizens


irrespective of gender, color and religious affiliation.
14. Protector of Shari’ah.

The foremost duty of a Islamic state is to enforce Divine ordinances in


the Qur’an and the Prophetic sunnah.

“…and if you judge between mankind (annas), that you judge


justly (tahkumu bil ‘adl)” an-
Nisa 4:58

“…whoso judges (yahkum) not by that which Allah has revealed, such
are disbelievers (kafirun)”.

“…whoso judges not by that which Allah has revealed, such are
oppressors (zalimun)” al-Mai’dah 5:44-
45
15. Functions of State: a classical view

15.1. Preservation and promotion of din.


15.2. Enforcement of shari’ah law, observance of
justice and conflict resolution.
15.3. Security of territory and safety of the
people.
15.4. Enforcement of punishments prescribed by
shari’ah and safeguarding of hudud.
15.5. Jihad against those who oppose Islamic cause and
make disturbance and oppression.
15.6. Levying of taxes, collection of zakah and sadaqat and
their distribution.
15.7. Financial regulations and policies, payment of
salaries from the treasury.
15.8. Appointment of competent person as managers,
judges, law enforcement officers etc.
15.9. Supervision of public affairs and protection of
interest of society.

* al-Mawardi, al-Ahkam al-Sultaniyah, Cairo, 1960, P 15-16;


Abu ya‘la al-Farra’ al-Hanbali, al-Ahkam al-Sultaniyah
Cairo, 1938, P11-12

Quoted in Muhammad S. El-Awa, on the political system of the Islamic State,


Indianapolis, USA American Trust Publications, 1980, p77
16. Future Strategy.
Realization of an Islamic society and state as
visualized by the Quaid calls for strategic thinking
and a realistic strategy.

16.1 Conceptualization: First and foremost we


should develop a clear vision and concept
of Islamic state. The existing blurred
vision of Islam as “personal religion” and
Islamic state as, military rule, a monarchy
or a theocracy cannot serve the purpose.
16.2 Crystallization:
Think tanks, council of Islamic ideology and
academic and research institutes should make
their contribution in crystallization of the
nature and role of Islamic state and Islamic
society.

16.3 Social Institutions:


Society and state are organically related in Islam.
Social institutes must grow and develop
concurrently. A society deprived of social,
economic, political and legal justice cannot lead to a
healthy political culture. Respect for law, security of
life, honor and property lead to a fair political
interaction, inculcation of Islamic values and
realization of Islamic state.
16.4 Linguistic and ethnic nationalism, lack of
literacy and existence of feudal culture is a major
hindrance in realization of Islamic state.

16.5 The neo-colonialist vision of separation between


state and “religion” is to be replaced with a
comprehensive understanding of Islam as complete
way of life.
16.6 Western apprehensions and fears based on a
stereotype image of Islamic society and state as
dogmatic, fundamentalists, fanatic and
“Talibanized” needs to be corrected without
offering apologies for Islamic concepts of jihad,
hijab, hudud and gender segregation or
projection of so-called soft image of Islam or the
so-called enlightened Islam.
16.7 A long term educational strategy shall have to be
developed and implemented in order to create a
new generation of youth with undisputed
commitment to Islam, and with fairness, honesty,
courage, industry and confidence in viability
of Islamic ideals in political, social, economic
and cultural realms.
17. Conclusion.

1. Islamic principles of tawhid and ‘adl can only be fully


realized with establishment in an Islamic society and state.

2. Society and state are organically related in Islam.

3. Islamic state translates Allah’s sovereignty in political,


legal, economic, social, educational and cultural realms.

4. The objectives of shari’ah demand realization of human


rights through establishment of state as the most effective
means of social change.
5. Islamic state offers a participatory (shuravi) system with
merit and capability (ahliyah) as the basis for appointment
of authorities.

6. It does not approve military dictatorship, secular democracy


or kingship through succession.
Suggested Readings
 Muhammad Asad, The Principles of State and Government
in Islam, Gibraltar, Dar al Andalus, 1980.

 Sayed Abul a’la Mawdudi, Islamic Law and Constitution,


Lahore, Islamic Publications Ltd., 1980

 M.Salim El-Awa, On the Political System of the Islamic


State, Indianapolis, USA, American Trust Publications, 1980.

 Sayed Abul a’la Mawdudi “ Economic & Political Teachings


of the Qur’an” in M.M. Sharif, A History of Muslim
Philosophy, Wiesbaden, Otto Harrassowitz, 1963, Vol.-I,
P178-198
Thank You

February 15, 2006

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