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Old Sunday, July 20, 2014
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it is interesting to note that the Muslims as a people always kept legislation (and so also judiciary) separate from the executive.
It’s the same with modern democracy, isn't it? However, it is not Islam that asked Muslims to keep these three branches separate. It was decided by later Muslims as per the requirements of the time. Is that not so?

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The develop¬ment of Muslim Law as deduced from the Qur'an and the Hadith has always been the work of private savants and jurists.
That is what I have been asking about. How is that laws devised by private savants and jurists will be implemented in today’s world? How will the consensus arrive that certain private individuals are to frame the laws of the state? Who will decide the authority of those individuals to make laws? The king did that in the medieval ages, who will do it now? Islam does not give any specific instructions, and thus we have to devise methods according to our own times, and that is what I have been talking about. Is that so hard to understand?

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yet in one's comparative study of international law in Sunnite, Sh'i'ite, and Kharijite schools and their sub-schools one is agreeably surprised that, despite their water-tight divisions, there are practically no differences of vital significance.
How will be the international law expanded upon for today’s world and who will do that? And no, there is not a political system in any school of thought, including all of the above. They do provide guidance for certain legal matters to quite an extent but for modern political requirements there is hardly anything at all.

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if a fake degree holder can sit in the parliament why can't a mulla who has read books for eight years?
A clergyman who has not read a single book can also sit (and does sit) in the parliament, no one is stopping him from doing that.

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if the politician can be elected so can be the member of the council. or you can devise a competitive exam for them
Right, finally you came to the point. Finally, you have extended the courtesy of a direct answer to my question. And what is that answer? We can devise any appropriate method. Does that not mean that Islam does not prescribe any clear method of the election of legislature? Does that not mean that we have to devise ways according to the needs of our own times?

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you wanted examples of a voluntary legislature, i gave you example of that above. what you think a legislature is anyways?
A ‘voluntary’ legislature of ‘private jurists’, as you example makes it clear, might have worked in the 8th century. How it will work today, you tell me.

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as far as the two houses are concerned is it farz to have two houses, you can have one or three or four if you like. as for their election they can by voted I do not think Islam has anything to say against that.
Again, no clear guidance/requirements from Islam in this regard, right?

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the problem with the modern democracy is that it is controlled by capitalists. whether it is a developing nation or a developed nation. you need to tweak it a bit to make it fair to everyone.
‘Tweak’ is the catch-world. It’s not necessary that democracy is driven by blind capitalism. It can be tweaked and safeguards imposed for keeping in check the monopolistic tendencies.

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i hope that answers your question
Yes, but only to some extent, and you have only agreed with me. It makes clear there are no clear instructions from Islam in a lot of matters, particularly political, and so there is no such thing as “political system” of Islam.
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