islamic state of governance

Upload: sulaiyman-khalil

Post on 06-Apr-2018

219 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/3/2019 Islamic State of Governance

    1/22

    Islamic State of GovernanceFundamental Principles and Examples

    Prepared by

    Muhammad Faysal (www.faysalm.co.nr)

    On Twitter (@faysal)

    http://www.faysalm.co.nr/http://www.faysalm.co.nr/http://www.faysalm.co.nr/http://www.twitter.com/_faysalhttp://www.twitter.com/_faysalhttp://www.twitter.com/_faysalhttp://www.faysalm.co.nr/
  • 8/3/2019 Islamic State of Governance

    2/22

    IN THE NAME OF ALLAH,MOST COMPASSIONATE,MOST MERCIFUL

    ALL PRAISE BE TO ALLAH, THE CHERISHER AND SUSTAINER OF THE WORLDS AND ALLAHS BLESSINGS

    AND PEACE BE UPON HE WHO HAS BEEN SENT AS MERCY TO THE WORLDS;MUHAMMAD AND HIS

    PURIFIED POSTERITY.

  • 8/3/2019 Islamic State of Governance

    3/22

    ISLAMIC STATE OF GOVERNANCE

    Sovereignty means the source of power. In Islam, Allah is the source of all powersand laws (Quran 3:154, 12:40, 25:2, 67:1). It is Allah who knows what is good and

    what is bad for His servants. His say is final. Man is the vicegerent, the agent or

    the representative of Allah swt on earth (Quran 2:30, 6:165). Allah is the

    sovereign and man is His representative. Man should do as Allah commands him

    to do. The Islamic political system makes the ruler and the government

    responsible firstly to Allah and then to the people. 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 Quran 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 judgement. The responsibility of the ruler is heavier 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.

    Islam recognises 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 (Quran49:13).

    A body of laws alone is not sufficient for a society to be reformed. In order for law

    to ensure the reform and happiness of man, there must be an executive power andan executor. For this reason, God Almighty, in addition to revealing a body of law(i.e., the ordinances of the Shariah), has laid down a particular form of

    government together with executive and administrative institution.

    The Most Noble Messenger (s) headed the executive and administrative

    institutions of Muslim society. In addition to conveying the revelation andexpounding and interpreting the articles of faith and the ordinances and institutions

    of Islam, he undertook the implementation of law and the establishment of theordinances of Islam, thereby, bringing into being the Islamic state.

  • 8/3/2019 Islamic State of Governance

    4/22

  • 8/3/2019 Islamic State of Governance

    5/22

    It is self-evident that the necessity for enactment of the law, which necessitated theformation of a government by the Prophet (s), was confined or restricted to his

    time, but continues after his departure from this world. According to one of thenoble verses of the Quran, the ordinances of Islam are not limited with respect to

    time or place; they are permanent and must be enacted until the end of time(3). They were not revealed merely for the time of the Prophet, only to be

    abandoned thereafter, with retribution and the penal code no longer be enacted, or

    the taxes prescribed by Islam no longer collected, and the defense of the lands andpeople of Islam suspended. The claim that the laws of Islam may remain inabeyance or are restricted to a particular time or place is contrary to the essential

    creedal bases of Islam. Since enactment of laws, then, is necessary after the

    departure of the Prophet from this world, and indeed, will remain so until the endof time, the formation of a government and the establishment of executive and

    administrative organs are also necessary. Without the formation of a government

    and the establishment of such organs to ensure that through enactment of the law,all activities of the individual take place in the framework of a just system, chaos

    and anarchy will prevail and social, intellectual and moral corruption will arise.The only way to prevent the emergence of anarchy and disorder and to protect

    society from corruption is to form a government and thus impart order to all theaffairs of the country.

    The Holy Quran clearly states that the aim and purpose of this state, built on thefoundation ofTawhid,Risalatand Khilafat, is the establishment, maintenance anddevelopment of those virtues which the Creator of the universe wishes human life

    to be enriched by, and the prevention and eradication of those evils which are

    abhorrent toAllah. The state in Islam is not intended for political administrationonly nor for the fulfilment through it of the collective will of any particular set ofpeople. Rather, Islam places a high ideal before the state for the achievement of

    which it must use all the means at its disposal. The aim is to encourage thequalities of purity, beauty, goodness, virtue, success and prosperity which Allah

    wants to flourish in the life of His people and to suppress all kinds of exploitationand injustice. As well as placing before us this high ideal, Islam clearly states the

    desired virtues and the undesirable evils. The Islamic state can thus plan its welfareprogrammes in every age and in any environment.

    3) See, for example, Srah Ibrhm (14:52), Srah Ynus (10:2), Srah al -Hjj (22:49), Srah al-Ahzb(33:40), and Srah Y-Sn (36:70). (Pub.)

  • 8/3/2019 Islamic State of Governance

    6/22

    The constant demand made by Islam is that the principles of morality must beobserved at all costs and in all walks of life. Hence, it lays down an unalterable

    requirement for the state to base its politics on justice, truth and honesty. It is notprepared, under any circumstances, to tolerate fraud, falsehood and injustice for the

    sake of political, administrative or national expediency. Whether it be relationsbetween the rulers and the ruled within the state, or relations of the state with other

    states, precedence must always be given to truth, honesty and justice. It imposes

    obligations on the state similar to those it imposes on the individual: to fulfil allcontracts and obligations; to have consistent standards in all dealings; to rememberobligations as well as rights and not to forget the rights of others when expecting

    them to fulfil their obligations; to use power and authority for the establishment for

    justice and not for the perpetration of injustice; to look on duty as a sacredobligation; and to regard power as a trust fromAllah to be used in the belief that

    one has to render an account of ones actions to Him in the Hereafter (4)

    From the first Islamic state in Medina, a city in Arabia, until just after World War One,

    there was a Caliph, the leader of the Muslims, and an Islamic government somewhere in

    the world. In 1923 of the Common Era (CE), with the end of the caliphate, Islamic

    government ceased. In Muslim majority countries, all of which were at that time under

    the influence or direct control of European governments, the legal and political systems

    introduced were modelled on those of the Christian states of the west. Various countries

    copied or had imposed upon them, the systems of Europe. The British political and legal

    system was introduced to some areas, others copied the French, some the Swiss. In nearly

    every country the institutions based upon the Quran, the Holy Book of Islam, wereabolished. Now in the last part of the twentieth century, the demand for the Islamic

    system of government is reviving. After years of neglect it is once again becoming a

    question for serious study.

    The sovereignty of God, the message conveyed by all the prophets, is thefoundation of the system. Legislation contained in the Quran becomes the basiclaw of the state. This puts the fundamental law of the society beyond thelobbying power of particular interest groups and ensures that legislation is justand equitable. The government must make decisions on the basis of what God

    has revealed. If it does not, according to the Quran, it is not Islamic, for thosewho make decisions on other than what God has revealed are unbelievers(Surah 5 Verse 44). In cases not covered by revelation, decisions based onIslamic principles are left to the Mujtahids, Islamic experts on legalinterpretation. The Muslims can make laws or regulations dealing with suchmatters, but these do not have the same permanence as Quranic injunctions.

    4) Maulana Abdul Maudidi (The Islamic Movement Dynamics of Values Power and Change)

  • 8/3/2019 Islamic State of Governance

    7/22

    Allah said in the Quran that He was going to create a 'caliph' or representativeupon the earth (2:30). Human beings are these caliphs. This means that allhumanity is responsible for the establishment of the laws and principles revealedby God, not some superior class of priests or holy men. Thus Islamicgovernment is not a theocracy. All human beings are equal; the only distinction

    made by God is in their degree of righteousness. Islam allows no distinctionamongst people on the basis of tribe or race, ethnic group or amount of wealth.The Muslims are different from other people only in that they are conscious ofthe importance of submission to God's decrees.

    The establishment of justice for all citizens of the state, Muslim and non-Muslimalike, is one of the major purposes of the Islamic system of government. That iswhy the apostles were sent among us over the centuries. It says in the Quran"We sent before Our apostles, with clear Signs and sent down with them theBook and the Balance (of Right and Wrong), that humanity may stand forth in

    justice" (Quran 57:25) Corruption, bribery, abuse of authority, the creation of

    social conflict for personal or group benefit, torture, exploitation and oppression,are all evils against which the Islamic system must struggle. It is the duty ofevery individual Muslim and of the Islamic government to strive for justice andto prevent and oppose evil. If injustice spreads in a community with none todenounce it, then that whole community and its government is considered to betransgressing the law of God. Where injustice is rife there cannot be peace. TheQuran warns that nations in the past have been destroyed for such neglect.

    Consultation has a high status in Islam. This is indicated by the name of surah orchapter forty-two, "Consultation". It is in this surah that those people whoconduct their affairs by mutual consultation are linked to those who establish

    regular prayer and those who spend on helping others (Quran 42:38). Theextent of the consultation to be carried out is not defined in detail. Somescholars argue that only those knowledgeable about Islam need be consulted.Others argue that this is an endorsement of mass consultation through generalelections. The principle of consultation is however; quite clearly essential andhow it is implemented will be related to the temper of the time or the location.Although non-Muslims were not involved in consultation in the early period ofthe birth of Islam, there is nothing to indicate they cannot be included inconsultation on national affairs or affairs not dealing with the beliefs of theMuslims. However as the head of state must implement the Quran and Sunnah,it is necessary that this position should be held by a Muslim.

    Islamic government is a system of government which follows the laws andprinciples of the Quran and the Sunnah of Muhammad. Government is theresponsibility of all humanity, especially of those people who understand thatthey are the 'caliphs' of God, not the privilege of a ruling class of theocrats.Islamic government enforces the law of equality and it establishes the rule of

    justice. It is always based upon consultation. (5)

    (5) Maulana Abdul Maududi (Unity of The Muslim World)

  • 8/3/2019 Islamic State of Governance

    8/22

    Fundamental Principles of an Islamic

    State

    1. A State that is based on the Supremacy of Law.

    The determining characteristic of an Islamic State is its total commitment and

    Will to see that the Sharah is codified into the law of the land and is

    Implemented. Allah is the true Supreme Law-Giver as is consonant with the

    Verse:

    The Command Is for none but Allah: He has commanded that you worship

    None but Him: that is the (true) straight religion, but most men know not...

    Surah Yusuf : 40

    Allah has ordained the leaders (of Islamic society) to implement what He has

    Revealed and prohibits them from taking recourse to other sources of law.

    In this regard, Allah emphatically says it in the Holy Quran:

    and whosoever does not judge by what Allah has revealed, such are the

    Disbelievers. (Surah Al-Maidah : 44 )

    and whosoever does not judge by what Allah has revealed, such are the

    Zalimun (unjust) . (Surah Al-Maidah: 45 )

    and whosoever does not judge by what Allah has revealed such are

    the Fasiqun (evil doers). (Surah Al-Maidah: 47 )

    Only the Muslim members of the state are subjected to the Sharah

    Penal Code (Hudud, Qisas and Tazir). The non-Muslim members are

    Given the option of either being subjected to the same penal code or to

    Be subjected to the current penal code of the land.

  • 8/3/2019 Islamic State of Governance

    9/22

    Allah says in the Holy Quran:

    (They like to) listen to falsehood, of devouring anything forbidden. So if they

    Come to you, either judge between them or turn away from them. If you turn

    Away from them, they cannot hurt you in the least. And if you judge, judge in

    Equity between them. For Allah loves those who act justly. (Surah al-Maidah:42)

    2. Khalifah

    Adam, the first man created by Allah, was designated the position of

    Vicegerent of Allah on Earth. Vicegerency in this context signifies the position

    Specifically for the guardianship over the religion of Islam and administrating

    The state according to its teachings. Allah says in the Holy Quran:

    Follow (O men!) the revelation given unto you from your Lord, and follow

    not, as friends or protectors, other than Him. Little do you remember.

    Surah Al-Araf : 3

    He it is that has made you vicegerents on the earth: so whosoever disbelieves,

    on him will be his disbelief; and the disbelief of the disbelievers adds nothing

    but hatred of their Lord. And the disbelief of the disbelievers adds nothing but

    loss.

    Surah Al-Fatir :39

    Do you wonder that there has come to you a reminder from your Lord

    through a man from amongst you to warn you? And remember that He made

    you vicegerents after the people of Noah, and increased you amply in stature.

    So remember the graces from Allah so that you may be successful.

    Surah Al-Araf : 69

  • 8/3/2019 Islamic State of Governance

    10/22

    Then We made you vicegerents in the land after them, that We might see how

    you would behave!

    Surah Yunus : 14

    They denied him, but We delivered him, and those with Him in the ship, and

    We made them vicegerents, while We drowned those who belied our signs.

    Then see what was the end of those who were warned!

    Surah Yunus : 73

    It is He Who has made you (His) vicegerents of the earth: And He has raised

    you in ranks, some above others: that He may try you in that which He has

    bestowed on you. Surely your Lord is swift in retribution and certainly He is

    Oft-Forgiving, Most Merciful

    Surah Al-Anam : 165

    The meaning of vicegerency implies that man is a representative who will act

    on behalf of another (in this case, God) and will perform duties in accordance

    with that position. Hence man and it hereby implies leadership of the nation,

    must act in full consonance with the dictates of Allah and not according to his

    whims and fancies. Should he act in contravention to the dictates of the

    Almighty, he has indeed betrayed the trust and position of vicegerency of God

    on Earth. He no longer deserves to be called a vicegerent of Allah on Earth. On

    this, the Holy Quran emphasizes that:

    And your Lord said to the angels:Verilly, I am going to place a vicegerent on

    earth.

    Surah Al-Baqarah : 30

    Given the above, the Islamic state is the fulfilment of the concept of mans

    vicegerency on earth and with it will result a Divinely ordained system for the

    well-being and prosperity of man the world over.

  • 8/3/2019 Islamic State of Governance

    11/22

    3. Taqwa or God-Fearing

    The scholars of Islam define Taqwa or God-Fearing as To obey Allahs

    dictates and to shun what He prohibits.

    Taqwa is an important cornerstone of the Islamic State. When this pervades

    in the nation and its citizenry, the blessing of God descends on society and

    simultaneously seen as a natural sentinel against the spread of evil and

    corruption. It will also lead to the solution of problems as promised by Allah

    in the Holy Quran:

    And whosoever fears Allah and keeps his duty to Him, He will make a way for

    him to get out (from every difficulty). And He will provide him from (sources)

    he never could imagine. And whosoever puts his trust in Allah,then He will

    suffice him. Verily Allah will accomplish His purpose. Indeed Allah has set a

    measure for all things.

    Surah At Talaaq: 2-3.

    And whosoever fears Allah and keeps his duty to Him, He will make his

    matter easy for him.

    Surah At Talaaq: 4.

    And whosoever fears Allah and keeps his duty to Him, He will expiate from

    him his sins and will enlarge his reward.

    Surah At Talaaq: 5.

    The establishment of the Islamic state has to be pursued earnestly such that a

    God-Fearing nation will come into being and it leaders serving as role models.

    The whole system so established will permeate with the spirit of Taqwa in

    order that Allahs Blessings will be derived.

  • 8/3/2019 Islamic State of Governance

    12/22

    4. Consultation (Shura)

    Shura or consultation is one of the primary guiding principles in conducting

    the affairs of the state. The methodology of consultation has been enjoined by

    Almighty Allah in the Holy Quran: .. and who (conduct) their affairs by mutualconsultation; and who spend out

    of what we have bestowed on them.

    Surah asy-Shuraa : 38

    .. and consult them in the affairs. Then , when you have taken a decision, put

    your trust in Allah, certainly Allah loves thosewWho put their trust (in Him).

    Surah Al-Imran : 159

    Consultation is exercised in all matters pertaining to the administration and

    solving of problems of the nation, taking into consideration the benefits,

    advantages and disadvantages. Consultation is conducted only on matters

    requiring ijtihad or concerted opinion. For matters which have injunctions

    which are Qati or clear and undisputable, consultation cannot change that

    injunction.

    The practice of Shura or Consultation would make the House of

    Representatives a forum wherein the elected representatives can exercise their

    right to free speech. The members of the House of Senate would subsequently

    serve the function of check and balance over bills passed by the House of

    Representatives.

  • 8/3/2019 Islamic State of Governance

    13/22

    5. Justice and Equality (Al-Adaalah wal Musaawah)

    Al-Adaalah means justice while al-Musaawah means equality. Both Justice

    and Equality are other important cornerstones of the governance of an Islamic

    state. Allah says in the Holy Quran:

    O you who believe! Stand out firmly for Allah as just witnesses; and let not

    the enmity and hatred of others make you avoid justice. Be just: that is nearer

    to piety; and fear Allah. Verily Allah is well acquainted with what you do.

    Surah al-Maaidah:8.

    O ye who believe! Stand out firmly for justice, as witnesses to Allah, even

    though it be against yourselves, or your parents, or your kin, be he rich or

    poor, Allah is a better protector to both(than you). So follow not the lusts (of

    your hearts), lest you avoid justice; and if you distort your witness or refuse to

    give it, verily, Allah is ever well-acquainted with all what you do.

    Surah an-Nisa : 135

    Based on the above verses, justice and equality in the eyes of Islam could only

    be achieved if a government implements Islam in all its aspects and in its

    entirety. Justice and equality can only be enjoyed by the Muslim and non Muslim

    citizenry when Allahs will is implemented in its entirety.

    Justice in Islam is certainly beyond the simple meaning of equality or fairness.

    Al-Adaalah means to place something at its most appropriate place and position.

    Al-Musaawah on the other hand, refers to the equal status in regards

    to the status of all citizens in the state. Inequalities only exists in the level of

    attainment of piety as examplified by the Prophetic Tradition:

  • 8/3/2019 Islamic State of Governance

    14/22

    There is no superiority of an Arab over a non-Arab except in matter of piety

    and righteousness.

    Allah says in the Holy Quran:

    Truly, the best amongst you in the sight of Allah, are those that are most

    righteous and God-fearing.

    Surah al-Hujuraat : 13

    6. Freedom (al-Hurriyah)

    Al-Hurriyah or Freedom as an idealism, is cherished by all. The second Caliph

    of Islam, Omar al-Khattab once said:

    Why subjugate and enslave man, while he is born of his mother a free man.

    Before the advent of Islam, slavery was a dominant feature of human society.

    One of the objectives behind the coming of Islam is to free man of this slavery.

    The Islamic State guarantees the rights and freedom of the individuals and the

    citizens of the state. Amongst the rights and freedom protected by Islam are:

    a. Freedom of religious beliefs

    b. Individual freedom

    c. Freedom of speech, political association and assembly

    d. Freedom to private ownership

    e. Freedom of education (including right to use mother-tongue in education)

    f. Freedom of Religion and right to cultural expressions

    g. Freedom to engage in business and the search of livelihood.

    All the above freedom and the freedom and rights of the citizens especially as

    enjoined by the Universal Declaration of Human Rights are also protected by

    the Islamic State. It must not however contravene the provision of Shariah.

  • 8/3/2019 Islamic State of Governance

    15/22

    The Holy Quran categorically stipulates:

    And say: The truth is from your Lord. Then whosoever wills, let him

    believe; and whosoever wills, let him disbelieve.

    Surah al-Kahfi:29

    However freedom in Islam does not conjure the meaning of absolute right.

    Freedom in Islam is regulated so as not to injure and come into conflict with

    other individuals interest or the society at large. Islam does not recognise

    mans absolute freedom as it will threaten and endanger the freedom and

    rights of others. Absolute Sovereignty (As-Siyaadah wal-Haakimiyah)

    As-Siyaadah wal-Haakimiyah means absolute sovereignty. The Islamic State

    has an absolute sovereign Who cannot be challenged or interfered with.

    Absolute sovereignty belongs to Allah Almighty as He is the Creator and hence

    the Provider and Source of Laws. Allah says in the Holy Quran:

    The Command Is for none but Allah: He has commanded that you worship

    none but Him: that is the( true) straight religion, but most men know not...

    Surah Yusuf : 40

    As-Siyaadah is the characteristic which distinguishes a true Islamic state from

    a pseudo Islamic state. When as-Siyaadah or Sovereignty is rendered back

    unto the Rightful Owner i.e God Almighty, mans position is relegated to the

    position of a vicegerent i.e. acting on behalf and in accordance to the dictates

    of the Almighty. To eliminate or debunk the concept of As-Siyaadah is to

    elevate man to the position of God. Besides, as-Siyaadah provides man the

    means to always return to and invoke help and solace from the Almighty Allah

    while he strives for the achievement of those ideals which are seemingly

    beyond the capability of ordinary men.

  • 8/3/2019 Islamic State of Governance

    16/22

    THE GOLDEN RULE OF UMER BIN Al

    KHATTAB

    Caliphate Umar ibn al-Khattab proved successful in His ten year leadership. His

    governance is categorized by innovation, reform and high accountability (Al-Buraey,

    1985). To illustrate, many Islamic writings wrote that during his leadership, Umar once

    said he was afraid that a mule might fall off the mountainous roads in Iraq and break its

    legs, and that God might ask him why he had not paved the roads in the area. His

    concern for public interest and safety can be clearly understood from the citation below

    (Al-Buraey, 1985);

    `I have appointed over you governors and agents not to beat your bodies or take your

    monies, but rather to teach you and service you.

    `Listen, verily I am not sending you as rulers and potentates; rather, I am sending you as the

    leaders of guidance so that men may follow you. Render unto the Muslims their rights; beat

    them not, lest you humiliate them; praise them not lest you make them undisciplined. Do not

    shut your doors against them, lest the strong among them devour the weak ones.

    In upholding the principle of al-amanah (responsibility and accountability) the caliph

    said: `What I do right, assist me; Where I do wrong correct me (Ibn al-Jawzi, 1987). In

    governing effectively based on public interest, his rulership underlined several conditions

    in the selection and appointment of civil servants: first, they must possess good

    characteristics including being a pious, capable and trustworthy person; second, the one

    selected will be appointed temporarily for two or three months to undergo a testing period

    before joining the government permanently.

    A testing period is to evaluate the persons behaviour and competency and before

    appointment is made, caliph `Umar usually consulted his advisory council. This

    institution and practice is known as al-Shura; third, the promoted state officials will be

    paid a high salary. This high salary policy was initiated to pay for their honesty and

    ensure that there was no reason for them to take bribery (Shibli Numani, 1957). These

    merit-based recruitment and promotion, career growth policies and incentives are crucial

    to retain the better performers within the civil service. Indeed this was one of the

    mechanisms to curb malpractice and corruption, which undermined the practice of

    effective governance. Civil servants need to be adequately paid if they are to maintain theprobity, professionalism and integrity that should be required of the public service.

  • 8/3/2019 Islamic State of Governance

    17/22

  • 8/3/2019 Islamic State of Governance

    18/22

    1. Institution of hisbah. This is an institution to maintain law and order in the

    marketplace. It is headed by an officer known as muhtasib.

    2. A special office for investigating complaints that reaches caliph. A very

    reliable and trustworthy person is appointed for the post.

    3. A bait al-mal or Treasury House.

    Under caliph Umars leadership, he also changed the administrative pattern

    effectively and efficiently. He separated the judicial and executive duties in

    order to specialize the management of both effectively. Special judges (qadi)were appointed to perform the function of the judiciary who were distinct and

    separate from the role of the governor of the province and territories and qadis

    were placed under the supervision of the caliph (Ibn al-Jawzi, 1987).

    Separation of power can give the benefit of judicial management and enable the

    administration of the court to run efficiently. The ideological system suggested

    by Umar was among the best with the separation of power encouraging both

    leaders and the people to use power and authority in the right place (Irfan

    Mahmud Raana, 1970).

    Further, strategic planning in economic systems was also introduced, providing

    the most benefit to the people, state and in due respect to his responsibility and

    accountability to Allah.

    Caliph Umar inspired the best economic systems, where economic equality

    was set as the goal to be achieved as well as the principle to be established

    successfully, emphasizing equity and equality, which are based upon the

    Quranic principles. He introduced a variety of revenue systems for countries,

    which formed the foundation of the land tenure system. The different systems of

    land tenure that were prevalent in the Muslim Empire during the caliphate of

    Umar Ibn al-Khattab were:

  • 8/3/2019 Islamic State of Governance

    19/22

    1) Iqta or Individual ownership system. The grant of iqtas conferred proprietary

    rights on the beneficiaries such that an iqta became iqta tamlik, where the

    owners were, free to use the land in any way they liked.

    2) Hima or collective land-ownership system. Hima was a very important

    institution prevalent at the time of Umar. It means that the land is owned by one

    or more tribes

    3) Crown lands and state landlordism. With the conquest of different countries,

    state landlordism also flourished. Under this system land belonged to the state

    and cultivators were the tenants of the state. The tenant did not enjoy

    proprietary rights and the land could not be transferred or sold by the occupants.

    4) Private Landlordism. This was first practiced by the Prophet who made an

    agreement with the Jews and Khaybar.

    5) Peasant-proprietorship. In this system the owner tilled the land. This system

    was common in Arabia, especially in those parts that were arable and fertile

    (Irfan Mahmud Raana, 1970).

    Caliph Umar also introduced land reform following the conquest of agricultural

    countries like Iraq, Iran and Egypt.

    Umar took a bold step in which he abolished absentee-landlordism and

    changed the whole pattern of land ownership in the Islamic Empire. A hadith of

    the Holy Prophet reported by Aishah reads (Al-Nasa'i, 1991):

    One who cultivated the untilled land which did not belong toanyone has prior right to it.

    Caliph Umar recognized the importance of agriculture in a flourishing

    economy and took many steps for its improvement. Irrigation canals were laid

    out in the conquered lands, and a large department was organized for

  • 8/3/2019 Islamic State of Governance

    20/22

    constructing dams, excavating tanks, and for the building of canals and sluices

    for the distribution of water (Ibn al-Jawzi, 1987).

    Moreover, if the concept of modern or contemporary effective governance

    concentrating on transparency, accountability, peoples participation andmeeting their interest, in al-siasah alshar`iyyah,the principle of al-shura best

    explains these focuses. Al-shura is an Arabic term and simply means mutual

    consultation. It is mentioned in the Quran as a praiseworthy activity as follows:

    "Those who listen to their Lord, and establish regular Prayer; who (conduct) their affairs by

    mutual consultation; who spend out of what We bestow on them for Sustenance" [are

    praised] [Al-`Imran:159]

    This principle demonstrates many important values for governance including

    transparency, accountability, respect, empowerment, freedom of expression,

    dignity of the human individual and cooperation all together in one practice.

    In addition, it proves that Islamic governance appreciates and welcomes other

    parties and entities in its decision making system. These entities kept onexpanding and growing with their members consisting of leaders from various

    tribes, who were proven to be qualified, including Ali Ibn Abi Talib, Uthman

    Ibn al-Affan, Talhah, Ubaydillah, al-Zubayr Awwam, Saad Abi Waqqas,

    and Abdul Rahman Ibn Auf. They were the meeting members, especially

    when it came to decide upon important matters. Caliph Umar gave a message

    to them, saying

    I find out that all of you are the leaders of your community and all matters that need to be

    decided stop upon allof you (Ibn al-Jawzi, 1987).

    This principle and practice also stipulates `rida al awam, which is popular

    consent; `ijtihad jama`i; which is collective deliberation and `mas`uliyah

    jamaiyyah, which is collective responsibility, as a prerequisite to the

    establishment of Islamic effective governance.

  • 8/3/2019 Islamic State of Governance

    21/22

    Conclusion

    The Western ideology places a great emphasis on the institution of democracy.

    Yet it is not an unmixed blessing and has seeds of its destruction from within.

    Democracy as developed in the West is based on the concept of popular

    sovereignty. There is no relevance to the eternal religious guidance and absolute

    moral values in matters of governance. As it evolved, it developed a variety of

    forms of self-government and political processes to determine the will of the

    people for running the affairs of the state. Although it has succeeded in

    developing several mechanisms for popular participation, but because of the

    absence of firm moral moorings, its standards of right and wrong have been

    subjected to the whims of the people. Consequently, it has resulted in

    decriminalization of major evil practices and moral sins exposing the human

    society to the tyrannies of moral relativism, the idiosyncrasies of majority rule,

    racial and class-based tensions, economic exploitation and erosion of all basics

    essential for the sustenance of human society. Emphasizing quantity and

    counting of hands, it has replaced quality and eternal standards of right, truth

    and justice. In the U.S. it has become a facade behind which the capitalist class

    and the special interest groups continue to rule and dominate its society. In a

    number of other countries including most of the Muslim world, narrow tribal-

    cum-class politics along with the dominance of a political elite placed and

    backed by the Western powers have led to the establishment of one party

    dictatorships in the name of democracy. (6)

    The Khilafah was a state that led the world in every field, whether scientific,

    intellectual or philosophical. Unlike secular liberal capitalist states, the Islamic

    Khilafah was a balanced nation that maintained the equilibrium between the

    spiritual and the temporal spheres. It is however absolutely clear that this

    astonishingly successful civilisation was founded upon Islam. Therefore, farfrom being a "hateful ideology", Islam guided many races and peoples out of

    backwardness. Islam again has the unique opportunity to lead this world out of

    the misery created by the cataclysmic failure of capitalism, which can only be

    achieved once the Khilafah is restored.(7)

    (6)http://www.muslimaccess.com/articles/misc/islamic_governance.asp

    (7)Khurshid Ahmad: The Muslim World, 2000

    http://www.muslimaccess.com/articles/misc/islamic_governance.asphttp://www.muslimaccess.com/articles/misc/islamic_governance.asphttp://www.muslimaccess.com/articles/misc/islamic_governance.asphttp://www.muslimaccess.com/articles/misc/islamic_governance.asp
  • 8/3/2019 Islamic State of Governance

    22/22