38.ISLAMIC POLITICAL SYSTEM:


There is no separation between religion and politics in Islam.The
political system of Islam is based on three principles: TAWHID (unity of God),
RISALAT (prophethood), and KHILAFAT (vicegerency). TAWHID means that only God
is the Creator, Sustainer, and Master of the universe and all that exists in it,
organic and inorganic. The sovereignty of this kingdom is vested in Him. He
also has the right to command or forbid, and His commandments are the law.

The medium through which we receive the law of God is known as RISALAT.
We have received two things from this source: The Quran, and the authoritative
interpretation and exemplification of the Quran by the Prophet in his capacity
as the representative of God. The Prophet [Muhammad peace and blessings of Allah
be upon him] has also, in accordance with the intention of Quran, given a model
for the Islamic way of life by himself implementing the law and providing
necessary details where required. The combination of these two elements is
called the SHARI'AH.

KHILAFAT means "representation". Man [i.e. human beings], according to
Islam, is the representative of God on earth, His vicegerent. That is to say,
by virtue of the powers delegated to him by God, he is required to exercise
his God-given authority in this world within the limits prescribed by God.

Every person in an Islamic political order enjoys the rights and powers
of the caliphate of God, and in this respect all individuals are equal. No one
can deprive anyone of his rights and powers. The agency for running the affairs
of the state will be established in accordance with the will of individuals,
and the authority of the state will only be an extension of the powers of the
individuals delegated to it. Their opinion will be decisive in the formation of
the government, which will be run with their advice and in accordance with their
wishes. Whoever gains their confidence will carry out the duties of the caliph-
ate on their behalf, and when he loses that confidence he will have to relinqu-
ish his office. In this respect, the political system in Islam is as perfect a
democracy as ever can be.

Western democracy is based on the concept of popular sovereignty, an
Islamic political order rests on the principle of POPULAR KHILAFAT. In western
democracy the people are sovereign, but in Islam sovereignty is vested in God
and the people are his caliphs or representatives. In the former the people
make their own laws; in the latter they have to follow and obey the laws
(Shari'ah) given by God through His Prophet. In one the government undertakes
to fulfill the will of the people; in the other the government and the people
alike have to do the will of God. Western democracy is a kind of absolute
authority which exercises its powers in a free and uncontrolled manner, whereas
Islamic democracy is subservient to the Divine Law and exercises its authority
in accordance WITH THE INJUNCTIONS OF GOD AND WITHIN THE LIMITS PRESCRIBED BY
HIM [for the benefit and welfare of the entire society].
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1.LEGISLATIVE SYSTEM:

The responsibility for the administration of the Government in an Islamic state is entrusted to an Amir (leader) who may be likened to the President or the Prime Minister in a Western democratic state. All adult men and women who accept the fundamentals of the constitution are entitled to vote in the election for the leader.

The basic qualifications for the election of an Amir are that he should command the confidence of the largest number of people in respect of his knowledge and grasp of the spirit of Islam; he should possess the Islamic attribute of fear of Allah; he should be endowed with the quality of statesmanship. In short, he should be both able and virtuous.

A Shura (consultative council), elected by the people, will assist and guide the Amir. It is obligatory for the Amir to administer the country with the advice of his Shura. The Amir can retain office only so long as he enjoys the confidence of the people, and must resign when he loses this confidence. Every citizen has the right to criticise the Amir and his Government, and all responsible means for the expression of public opinion should be available.

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. The duty of ascertaining the real intent of those commandments which are open to more than one interpretation should devolve on people possessing a specialised knowledge of the law of Shari‘ah. Hence, such matters may have to be referred to a sub-committee of the Shã r~ comprising men learned in Islamic law. Great scope would still be available for legislation on questions not covered by any specific injunctions of the Shari‘ah, and the advisory council or legislature is free to legislate in regard to these matters.

In Islam the judiciary is not placed under the control of the executive. It derives its authority directly from the Shari‘ah and is answerable to 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 be called upon to appear in a court of law as a plaintiff or defendant. Rulers and ruled are subject to the same law and there can be no discrimination on the basis of position, power or privilege. Islam stands for equality and scrupulously adheres to this principle in the social, economic and political realms alike.

2. JUDICIAL SYSTEM:

Man is a social being by nature. He cannot live perpetually on his own, completely independent of others. People are interdependent. Consequently, friction arise between them when their personal interests come into conflict with each other, or when what they perceive as their individual rights infringe upon those of others. Conflicts between them inevitably break out. In some cases, one party to the conflict might be strong and aggressive while the other is weak and condescending, incapable of defending his rights.

Because of this, it becomes necessary for there to be a way to prevent people from oppressing one another, to ensure that the weaker members of society receive justice, and to determine right from wrong when issues get complicated or uncertain. This can only be realized through a judge that has the power to give legal verdicts in cases of dispute.

For this reason, we find that the existence of a judge is considered by Islamic law and the laws of all the other revealed religions to be both a religious obligation and a necessity of human life. Allah says:

We have sent Messengers with clear proofs, and sent down with them the Scripture and the Balance that mankind can establish justice.

Islam - the religion that Allah wants for mankind from the time that He sent Muhammad (may he peace and blessings of Allah be upon him) until the Day of Judgment - shows great concern for the judicial system and those appointed to carry out its responsibilities. Islam prescribes for it many legal injunctions. How else could it be, when Islam is the religion of mercy, equality, and justice? It is the religion that comes to free people from worshipping Creation and bring them to the worship of Allah. It is the religion that comes to remove people from oppression and iniquity and bring them to the highest degree of justice and freedom.

Defining the Judicial System and its Legal basis

The judicial system in Islam is a system for deciding between people in litigation with the aim of settling their disputes in accordance with the injunctions of the Divine Law, injunctions that are taken from the Qur’ân and Sunnah.

All of the Messengers of Allah (may the peace and blessings of Allah be upon them) acted as judges. Allah says:

And remember David and Solomon, when they gave judgment concerning the field when people’s sheep had browsed therein at night, and We were witness to their judgment. And We made Solomon to understand the case. And to each of them We gave good judgment and knowledge.

Allah also says:

O David, verily we have placed you as a vicegerent on Earth, so judge between people in truth, and do not follow your desires for it will mislead you from the path of Allah. Verily, those who stray from the path of Allah have a severe punishment because they forgot the day of reck**ing.

Prophet Muhammad (peace be upon him), who came with the final and eternal Message, was ordered by Allah to pass judgment in disputes just as he was ordered to spread the word of Allah and call people to Islam. This is mentioned in the Qur’ân in a number of places. Allah says, for instance:

- So judge (O Muhammad) between them by what Allah has revealed and do not follow their vain desires, but beware of them lest they turn you away from some of what Allah has sent down to you.

- And if you judge (O Muhammad), judge between them with justice. Verily, Allah loves those who act justly.

-But no, by your Lord, they shall have no faith until they make you (O Muhammad) judge in all their disputes and find in themselves no resistance against your decisions and accept them with full submission.

The Sunnah also provides for the legal basis of the Islamic judicial system. It is related by `Amr b. al-`As (may Allah be pleased with him) that the Prophet (peace be upon him) said: “If a judge gives a judgment using his best judgment and is correct, then he receives a double reward (from Allah). If he uses his best judgment but makes a mistake, then he receives a single reward.”

Allah’s Messenger (peace be upon him) said: “You should not wish to be like other people, except in two cases: a man who Allah has given wealth and he spends it on Truth and another who Allah has granted wisdom and he gives verdicts on its basis and teaches others.”

Many scholars have related to us that there is consensus among Muslims on the legal status of the judicial system in Islam. Ibn Qudâmah says: “The Muslims are unanimously agreed that a judicial system must be established for the people.”

A judicial system is a necessity for the prosperity and development of nations. It is needed to secure human happiness, protect the rights of the oppressed, and restrain the oppressor. It is the way to resolve disputes and ensure human rights. It facilitates enjoining what is right, forbidding what is wrong, and curbing immoral behavior. In this way, a just social order can be enjoyed by all sectors of society, and every individual can feel secure in his life, property, honor, and liberty. In this environment, nations can progress, civilization can be achieved, and people are free to pursue what will better them both spiritually and materially.

Oppression is an unfortunate human characteristic. If people were completely just, judges would never work and would have no purpose.