Islamic Laws

Chapter # 1

State Affairs

1. SOVEREIGNTY


The difference between an Islamic State and a secular state is that in an Islamic State, affairs are conducted within limits laid down by the Quran. Nobody has the right to transgress these limits; in other words, the right to rule belongs to Allah Almighty alone. It is said in Surah Yusuf (12:40)



"Remember! The command is for none but Allah"



(18:26) "Nor does He share His Command with any one whosoever". If the right to rule is bestowed upon any person or a group of persons, whatever be their name, that shall amount to ascribing partners with Allah. No one, how highly placed he may be, even as high as a Messenger of Allahe, has the right to make people subservient to himself. Surah Aal-e-Imran says: (3:78)

"It is not for any human being unto whom Allah Almighty has given the Book and wisdom and the Divine Message, that he should afterwards have said unto mankind, 'Obey me instead of Allah'. He should rather say, 'You should be amongst those who are subservient to Allah Almighty by following His Book which you study and teach others'."

Be it clear, that it is the Messenger of Allah Almighty who first receives the Book, then he delivers it to others. That is how the Book of Allah Almighty reaches the common man. The Quran was initially revealed to the 'Nabi'e. Later it became inherited by Muslim Ummah. It is said in Surah Faatir (35:32)



"Then We have given the Book for inheritance to such of our servants as We have chosen (It means the Muslim Ummah)". The duty of the Ummah is to establish an Order according to this Book; thus an Islamic State is an agency that enforces the divine command. On the contrary, the system of government in which the right of law-making is exercised by human beings, is a secular regime, whatever its shape may be. That is the line of demarcation between infidelity and Islam, Kufar and Islam. Allah Almighty ordains: (5:44)



"Those who do not establish a rule according to what Allah Almighty has revealed, are non-believers."





2. THE CODE OF LAWS IN AN ISLAMIC STATE

i) The code of an Islamic Constitution is the Book of Allah Almighty (the Quran). As stated above, those who do not establish a rule according to the Book of Allah Almighty are infidels (5:44); subservience to any other rule is not right. Surah A'raaf says: (7:3)



"(O Jamaa'atul Mu'mineen) Follow only that which has been revealed to you by your Rabb and do not follow any friends and protectors other than Him. (The subservience to Divine Laws and not of any human being is the real freedom), but very few keep this reality in mind."

ii) This Book, the Quran, is clear and explicit (5:15)



"Light from Allah Almighty has come to you in the form of a perspicuous Book". It means that the Book is clear and revealing. It is very easy to follow (54:32)



"In reality We have made this Quran very easy for taking guidance". It does not contain any disputative matter. Allah Almighty says: (4:82)



"Do they not reflect upon the Quran Were it from anyone other than Allah, they would surely have found therein plenty of contradictions". To be free of any discrepancy is in itself a proof of its having been revealed by Allah. Not only that it does not contain any controversial matter, it has the capacity to stand as a judge, in order to decide on controversial matters. The very aim of revealing Books from Allah Almighty was to decide all disagreements amongst human beings. (2:213)



"And to them (the Rasools) He sent the Book in truth, to judge between people in matters wherein they differed."

iii) As a code of guidance this book is complete as well as immutable: (6:116)



"The Laws of thy Rabb do find their fulfilment in truth and justice. None can change His Laws, for He is the One Who hears and knows every-thing".

iv) In it there are certain laws (the details of) which have been determined and for others guidance has been provided only in principle. The determined laws shall be enforced as such. As far as those laws are concerned where only the principles are given, an Islamic State shall frame details thereof staying within the parameters of these principles according to the needs of their time. These principles shall remain immutable but the rules framed under their guidance shall be liable to change in accordance with the exigencies of advancing times. This is the expedience, on the basis of which Allah Almighty did not determine the by-laws Himself. If it had so happened, these laws could not remain consistent with the exigencies of time, and that could render the working of the way of life prescribed by Him, impracticable. The Book that was intended to remain a code of guidance for all times and for all men, had to be thus, i.e. the principles should be immutable and detailed applicatory by-laws changeable with the change of time. Only this blend of permanence and change could keep the system permanently practicable through all times. This reality has been clarified by saying : (5:101-102)



"O you who believe! (what is necessary for the guidance of mankind has been given through revelation and is prescribed in the Quran). Do not probe into that which has not been revealed (because if We fix up their details, they shall become immutable. And when they shall not be able to cope with the needs of time, you shall be put into difficulty because you shall not be able to accomplish them). The same shall happen if We disclose such matters during the descent of revelation. Thus you should particularly keep it in mind; We forgive all that has happened before. You ought to be careful in future. If you had forgotten or had fallen into error, there is a scope in the Laws of Allah Almighty for forgiveness of failings in small matters. You are given the warning because before this a nation (Israelites) had started asking such questions (2 :108). As a result they had put so many limitation and restrictions upon themselves that it became difficult for them to accomplish them and having been fed up with these details, they forsook the real 'Deen' itself."

It is apparent that the commandments and laws determined in the Quran shall be put into practice gradually according to the conditions of the society, and thus the society shall be brought to the required standard step by step. But it shall not be allowed that you pick up some injunctions of the Quran according to your own liking and take these up along with other un-Quranic injunctions and name the mixture of these two as Islamic Code of Laws", this is also infidelity Kufar. The Jews also used to behave in that way, on account of which they were warned as follows: (2:85)



"Do you then believe in a part of the book and reject the rest But what shall be the recompense for those among you who behave like this, except disgrace in this life, and on the Day of Judgment they shall be consigned to the most grievous chastisement".






3. THE ENTIRE UMMAH SHALL TAKE PART IN THE GOVERNMENT

The duty of an Islamic Rule is: "To enforce what is lawful according to the Divine Law and prohibit what is unlawful."

It is said in Surah Hajj: (22:41)



"They are those who if we establish them in the land, establish the way of life consistent with the Divine Laws and provide nourishment to individuals, enjoin the right and forbid the wrong."

It means that it shall be the duty of the Islamic Rule to enforce by-laws of what the Quran considers right and forbid what it considers wrong. According to the Quran it is the duty of the entire Ummah. Allah Almighty says: (3:109)





"You are the Ummah raised for the good of all mankind. Your responsibility is to enjoin the right and forbid the wrong". This very Ummah is the inheritor of the Book of Allah Almighty (35:32)". It means that the law and order of the State (known as the government) is not limited to a part in it. The machinery that shall put it into shape has been left by the Quran to the discretion of the Ummah. It may take any form but its aim shall be that the entire Ummah shall take part in the working of the state's affairs _ i.e., all Muslims living within the boundaries of the State. Non-Muslims cannot take part in it because, it is the duty of the government comprising Muslims only to enforce the Divine Injunctions. How then, can those people who do not believe in these injunctions take part in its affairs !




4. SYSTEM BASED ON CONSULTATION

The system in which the entire Ummah takes part, is termed by the Quran 'a system by consultation' (42:38);



It has been ordained by Allah, that "in it, all affairs shall be settled by consultation." This system shall differ from the western system of democracy in which the nation or the representatives of a nation possess the comprehensive powers of law-making; in other words sovereignty belongs to the nation as a whole but in an Islamic Government the sovereignty belongs to (the Book of) Allah. Leaving aside the representatives of the people, even the entire nation has no right either to make laws against it, or bring about a change in it. The opponents of this system used to ask the Rasoole: "If you could make a change in the Quran according to our liking we are ready to compromise with you". In answer to their demand Allah Almighty addresses the Rasoole thus: (10:15)



"Say: It is not for me, to change it of my own accord. I follow not but what is revealed unto me. If I were to disobey my Rabb, even slightly, I am afraid of the punishment I shall receive according to the Law of Requital". It is apparent that when even the Rasoole could not make any change in it at his own, how can anybody else be allowed to do so Now, as far as the system of majority and minority in a democratic system is concerned, it is apparent that since every matter shall have to be decided in accordance with the Quranic Injunctions, so the question of casting the votes does not arise. The concept that the decisions made by the majority are based on truth is false. The Rasoole is addressed as follows: (6:117)



"If you were to follow the majority of the people in the land, they would lead you astray from the path of Allah. They follow nothing but conjecture; they do nothing but indulge in their own surmises". The criterion to judge between right and wrong is not based on majority or minority, but on the Book of Allah. The representatives of the Ummah have got to conduct the State affairs, within the limits laid down in it. The truth cannot remain subject to the whims and wishes of the people. (23:71)



"If the truth had been in accord with their desire, truly the heavens and the earth and all beings therein would have been in confusion". Thus the people ought to obey the Truth, and Truth is the other name for the Holy Quran.





5. STANDARD FOR THE ASSIGNMENT OF RANKS

The ranks shall be assigned in the society according to the personal virtues and the character and conduct of individuals: (46:19)



"And to all ought to be (assigned) degrees according to their deeds." And the state administration shall be entrusted to those who are fit for it. (4:58)



"Allah Almighty commands you to render back your trusts to those who are capable of achieving the object;" and the person with the best of conduct and character shall be the head of the state (49:13).



It has been ordained by Allah Almighty "Most honoured of you in the sight of Allah Almighty is (he who is) the most observant of the Divine Laws amongst you," and is the best in their performance. As the state affairs shall be conducted by consultation, he shall remain in office as long as he enjoys the corroboration of the Ummah.





6. THE STATE ADMINISTRATION

In order to conduct the affairs of the state, there shall be an administrative centre and under this centre there shall be legally authorised officers. Because a system like this was first organised by the Rasoole, thus the term 'Allah Almighty and Rasool' has been used for it in the Quran, which means Divine organisation put in to practice by the Rasoole. Thus the obedience to 'Allah Almighty and the Rasool' meant the obedience to the Centre of this Divine System. Under command of this Centre were the officers Ulil Amr authorised to take decision according to the Law. An appeal against the cases decided by these authorised officers was permissible, but the decisions made by the Centre used to be final. It is said in Surah An-Nisa; (4:59)



"O you who believe! Obey the system established by the Rasool in accordance with the Laws of Allah; and obey the local authorities appointed by this Order. In cases of disputes with the local authorities an appeal can be made to the Central Authority. This will constitute evidence that you really believe in Allah Almighty and His Law of Requital (life Hereafter). This is the best and the most suitable practice _ to obtain, ultimately, a balanced society". The same system continued after the death of the Rasool and the successive caliphs became the Central Authority and the obedience to a caliph became synonymous with obedience to 'Allah Almighty and the Rasool'. As and when that system is re-established, the obedience to its Central Authority shall constitute obedience to 'Allah Almighty and His Rasool'. The entire responsibility of the state affairs shall lie in the Centre, which shall be subservient to the Quran and answerable to the Ummah.




7. THE DECISIVE WORD

According to the Quran, obedience belongs to the Divine Laws and an Islamic Government is an agency to put these laws into action. Thus any decision by the government which goes against the Quran, its obedience shall not remain mandatory: (18:28)



It Is the command of Allah Almighty Himself: "Do not obey any such person whose heart has become neglectful to Our laws, one who follows his own desires and whose case has gone beyond all bounds". Such could not have happened during the time of the Rasoole, but there is a possibility of such an occasion arising after him. Thus it ought to be so arranged that if any one in the society thinks that such and such a decision made by the government goes against the Quran, he may be able to get a decision from another authority. Such an authority could only be the Judiciary. Thus the decision made by the Supreme Court ought to be considered as final in such cases and none shall be allowed to disobey the decision. If such an occasion does arise, the decision by the Judiciary shall have to be accepted as the decision by "Allah Almighty and His Rasool" (Centre of the System) about which the Divine Command is: (33:36)



"It behoves not a believer, man or woman, that when a matter has been decided by Allah Almighty and His Rasool (the final authority of the Divine System) to exercise a choice in the matter. Anyone who disobeys Allah Almighty and His Rasool, has forsaken the straight path and is clearly on the wrong path."

Often it is said that in such a situation the Sovereign Authority shall rest with the Judiciary instead of the government or the constituent assembly. But as has been explained earlier, the final authority actually rests with the Book of Allah Almighty and none else. In disputed matters the judiciary shall only explain what is the decision of the Quran.





8. PARTY SYSTEM

According to the Quran the entire Ummah, as compared to the non-Muslims, is one party. Within the Ummah itself the presence of parties, may it be religious parties or political parties, is 'shirk' (assigning partners unto Allah). The Divine Command is: (30:31-32)



"O believers, remember! Be not of those who follow laws other than His and thus set up peers with Allah Almighty i.e. be not of those who create cleavage in their social order and divide themselves into various sects, where each sect becomes obsessed with its own view of it and the 'Deen' disappears.:

At another place it is said: (6:160)



"Those who create differences in 'Deen' (the way of life prescribed by Allah) and divide themselves into sects (O Messenger of Allahe) you have nothing to do with them. Leave their affair for the Law of Allah Almighty to decide, which would tell them how they acted."

In Surah Aal-e-Imraan it is said: (3:104)



"Be not like those who are divided amongst themselves and fall into disputations after receiving clear signs from Allah. For them is a dreadful penalty."

From these and several other similar verses of the Quran, this reality becomes apparent that when the Ummah gets divided into parties and sects, neither the Deen (way of life prescribed by Allah) survives, nor an Islamic State can come into existence under such circumstances. Deen is another name for the Islamic State which has one code of guidance (Book of Allah), one Ummah as its upholder, and one central authority of the state. In this state, the entire Ummah, in the form of a compact body, revolves around the pivot of the Quran. Look how clearly the Quran explains this reality when it says: (3:102)



"And hold fast, all together, the rope which Allah Almighty stretches out for you and be not divided among yourselves; and remember with gratitude Allah's favour on you; you were enemies and He joined your hearts in love, so that by His grace you became brethren and you were on the brink of the pit of fire, and His Divine System saved you from it. Thus Allah Almighty makes His messages clear to you that you may be guided."

The greatest crime of Pharaoh, as Allah Almighty says in the Quran, was that he had divided his people into parties. (28:4)



"He broke up his people into sections".





9. RELIGIOUS HIERARCHY

In an Islamic society the concept of religious hierarchy is unthinkable. In it the decisions regarding state affairs are called the 'Sharia' laws and their enforcement shall be the function of the government officials. That is what is named as to enjoin what is lawful and forbid what is 'unlawful' (as laid down in the Book of Allah). These injunctions shall comprise the entire aspects of human life. The differentiation between religion and politics and between Deen and worldly affairs is an entirely un-Islamic concept; the consideration of public laws and personal laws as separate from one another is a creation of secular regimes. The Quranic Laws and Values shall encompass aspects of human life _ whether personal or public. These laws and values shall be taught in the government educational institutions; and the literature based on them shall be publicised amongst the people. Thus in an Islamic State there shall be no separate existence of religious institutions, nor a separate group of 'religious Ulama'. In Islam there is NO dichotomy of 'Deeni' and 'secular' affairs. Every single aspect of life is governed by Deen.





10. THE INGREDIENTS OF AN ISLAMIC STATE

The Book of Allah, the scales of justice and the power of enforcement are the ingredients, or the three basics, of an Islamic state. If any one of these basics is missing, it no more remains an Islamic State. The basic object of Deen, is described in Surah Al-Hadeed as follows: (57:25)



"In order to obtain this objective, Allah Almighty arranged His Messengers to be sent to different people with clear signs (proofs); and every Rasool also brought with him a code of laws. They established 'social orders' on the basis of this code so that the deeds of each person could produce the exact results and thus induce people to remain steadfast on justice and equity. In order to provide stability to that social order, Almighty Allah, along with the code of laws, also sent sword (iron) in which there is great strength. And because this strength is utilised for the maintenance of a system of justice, as well as for the protection of the oppressed, it becomes useful for mankind instead of being

harmful. This also brings to light as to who are those faithful people who assist and aid this Divine System which was established by the Messengers of Allah. Before the successful results had appeared before them in a visible form, they made all sorts of sacrifices on the basis of this strong belief that a social order embodying supremacy and strength will most definitely be achieved by their tireless efforts."

In Surah Al-Noor the aims and objects of an Islamic state (Caliphate) have been introduced as: (24:55)



"Allah Almighty has promised to those among you who profess Eemaan (conviction) and put in productive efforts that He will, of a surety, grant them inheritance (of power) in the land, this is Our Immutable Law according to which We had established the earlier nations as well (28:6); that He will establish in authority their Deen _ the one which He has chosen for them, so that their rule shall turn this earth into paradise (39:74); and that He will change their (state) of fear in which they (lived) to one of security and peace, so as to enable them to obey only His Laws with satisfaction and that they are not forced to associate any other laws with His Laws and thus ascribe partners unto Him. (But listen attentively that such a system shall last only as long as these people remain steadfast in obedience to Our Laws). Those who, after such a rule is established, practically keep themselves away from it and put into practice their self-made laws instead of the Divine Laws, shall leave the highway that was leading them to the correct destination and they shall be led astray to other paths and thus shall be deprived of the benefits of a paradisiacal social order. Such benefits were the result of firm belief and deeds consistent with the Divine Laws. When belief and the deed consistent with the Divine Laws remain no more, the benefits shall automatically disappear."

The duty of an Islamic State does not end with the enforcement of laws, but also it brings about a psychological change in the individuals of the state, so as to create in them an intense desire to lead a life consistent with the Divine Laws. This objective can be achieved by the right type of the system of education as well as by the exemplary character of the leaders in the state. As long as such a change is not brought about amongst the individuals, there shall be no change in the society. The Holy Quran says: (13:11)



"Verily never will Allah Almighty change the condition of a people, until they bring about a change within their themselves."

This is an eternal verity stated by the Quran.





11. THE POSITION OF NON MUSLIMS IN AN ISLAMIC STATE

Since all human beings are equally worthy of respect, the human rights, ipso facto, shall be equally available to all non-Muslims in an Islamic State. They shall have complete religious freedom. (2:256)



"There is no compulsion in the matters of Deen (the way of life based on the Quran)", shall be the basis of the constitution of the lslamic state. Its universal manifesto shall be: (18:29)



"Pronounce that the truth from the 'Rabb' of you all, has come; then whosoever wills, let him believe (accept) it; and whosoever will not, let him reject it". However, since the very purpose of the existence of this state is the establishment of the Divine System and the enforcement of the Quranic status, it is apparent that those who do not believe in its ideology i.e. the non-Muslims, cannot be admitted to participate in the affairs of the state. Thus the Quran has explicitly advised not to take non-Muslims as your confidants (do not confide in them).





(3:117) "The division of humans shall be based on faith (Eemaan), instead of creed, dialect (language) and nationality. Those who believe in the permanent values given by the Revelation and make the establishment of the Divine System the goal of their life, are the members of one group; on the other hand those who reject its value system, form another group. As the communality of ideas and objectives is the basic condition for unity and concord, it is apparent that a true relationship can never come into being with those who oppose this ideology.

Thus it is said in Surah (3:117) above "O you who believe! Take not into intimacy as your confidants those outside your ranks. They will not fail to leave anything untried to bring about your downfall. They desire it from the depths of their hearts that you should fall victim to such ineffable afflictions that break your strength. A reflection of their malice and hatred has already appeared from their utterances but what their hearts conceal is far worse. We have explained to you these things in a manifest manner, so that applying your intellect and judgement, you should guard yourselves (against their intrigues), if you have wisdom." (3:118)



"Lo! Do not take them as your friends; even if you do it, they will never befriend you, although you believe in all the Books (yours and theirs). (Such a stance of yours is exhibited with the sincerity of your hearts, but their plight is such that When they meet you they say, 'We believe (in your ideology)' but when they leave you, they bite the very tips of their fingers in their rage against you. Say: "Perish in your rage: Allah Almighty knows well (What you do openly and) what is hidden in your hearts".

The psychological strife withen yourself and your double dealing shall become the very source of your destruction.:

To explain it further it is said: (3:119)



"(The malice in their hearts is such that) If good befalls you, it grieves them and if an evil afflicts you, they rejoice at it and if you are patient and keep your duty, their struggle will not injure you in any way. Surely Allah Almighty encompasses what they do."

What really matters is the ideology (Deen). Even the relatives are not exempt. Thus it is said: (9:23)



"O you who believe! Comprehend this truth that according to Divine Code the differentiation between friends and foes shall not be based on heredity and family relationship but instead on the common concept of life. Thus even if your fathers and your brothers like infidelity better than belief, you do not take them as your friends. Look! If after this warning anybody befriends them, he shall do wrong only to himself. This shall be tantamount to rebellion against the Divine Laws."

This matter is of such a great importance that it is said: (9:24)



"Say: If your fathers and your sons and your brethren and your wives and your kinsfolk and the wealth you have acquired, and trade whose dullness you fear, and dwellings you love, are dearer to you than Allah Almighty and His Messenger and striving in His Way, then wait till Allah Almighty brings His Command to pass. And Allah Almighty guides not the transgressing people."

Allah Almighty has presented the lifestyle, character and deeds of two exalted persons _ Muhammade and Ibraheemu as the best models. What were those characteristics of Ibraheem'su disposition which made him worthy of being made the model The Quran says: (60:4)



"In order to understand the ranking of the family relationships against the 'Deen' of Allah, you find the best example (that will remove the perplexities of your hearts and provide them solace) in the conduct of Ibraheem and his associates, when they announced to their people with whom they shared blood-relations: we are clear of you and those whom you serve leaving aside Allah: We reject your erroneous creed and consider it void, and there shall exist between us and you detestation and hostility for ever, unless you also believe in Allah Almighty and Him alone. (In that case you shall be our brothers in Deen) (3:117); (85:22)."

There are several verses in the Quran in which it is said that you cannot confide in non-Muslims. Thus it is clear that not only that they cannot take part in state affairs, they cannot even be appointed in key posts. But, however, this does not mean that they shall be deprived of Human Rights; not at all, they shall get all the justice. The Quran goes so far in this matter that you cannot find an example of it in any other system. Thus it is said: (5:8)



"Let not the enmity of others towards you make you depart from justice. Always act justly, that shall bring you closer to that standard of life where Allah Almighty intends to take you. Thus always stay on the highway to justice."

Not only justice, but extension of the best treatment to non-Muslims has been ordained. It has been explicitly explained in Surah (60) 'Mumtahanah': whereas Allah Almighty forbids you to have relations of affinity with the enemies of Deen. He does not forbid you to deal with them justly (60:8-9). It goes even so far as to say that an Islamic State shall protect the places of worship of the non-Muslims. Thus it is said: (22:40)



"Had Allah Almighty not enabled people to defend themselves against one another, then surely monasteries, churches, synagogues and mosques in (all of) which the name of Allah Almighty is remembered abundantly would have been destroyed."

In addition to providing protection to these places, it is also ordained: (6:109)



"You revile not those whom they call upon besides Allah, lest they out of spite revile Allah Almighty in their ignorance". This is likely to create disorder and chaos, therefore you do not treat their revered persons with insults. Such shall be the position of non-Muslims in an Islamic State.

Being the citizens of an Islamic State, Islamic laws shall be applied to them. In their personal affairs, they shall be allowed to take their own decisions, subject to the laws of the Islamic State.





12. INTERNATIONAL RELATIONS

The Holy Quran aims at removing all differences of mankind and created a universal brotherhood. Thus it is said: (2:213)



"Mankind was one unified community" and (10:19)



"Then they differed". In these verses it has been explained that to begin with mankind was a single brotherhood; afterwards they created differences amongst themselves. (2:213)



"So Allah Almighty sent Messengers with glad tidings and warnings and with them He sent the "Codes of Law", to judge between people in matters wherein they differed so as to turn them again into one community."

In a particular territory the establishment of an Islamic State serves as a laboratory to achieve the above objective. In this connection this state shall co-operate with other nations of the world in matters beneficial for humanity, but shall not co-operate in matters which bring devastation to humanity: (5:2)



"Co-operate with one another in matters which broaden scopes of betterment and well-being to humanity and produce consistency with the Divine Laws, and do not co-operate in matters that become obstructive in the progress of the society or a means of transgressing the Divine Limits."

In this connection a universal law has been proclaimed: (13:17)



"That which is for the good of mankind at large endures on the earth." This very principle shall be the basis of the foreign policy of this state. To eradicate sedition from the face of the earth and to maintain peace in it shall be one of the aims of this state: (2:60)


"And do not cause the disintegration of your society through spreading disorder". This is a peremptory injunction which promotes respect for humanity and becomes justificatory for its existence; because its basic principle is (17:70)



"We have created all human beings worthy of respect". Because this State is meant to achieve these high ideals, it is thus mandatory that it should have the capability of safeguarding its sovereignty. Thus the security of its boundaries is of utmost importance. And it has been emphatically ordained: (8:60)



"Keep your boundaries well-guarded by reinforced cantonments, equipped with all the steeds of war, to strike terror into (the hearts of) the enemies of Allah Almighty and your enemies, and others besides them whom you may not know, but whom Allah Almighty does know". It may even sometimes be necessary to wage war against them to preserve your borders. (since 'War in Islam" is a separate subject, its details are not discussed at this juncture).





13. TREATIES

(A) In the maintenance of peace and the protection of human rights, treaties shall be set up with other nations. The respect for the adherence to

treaties is essential (5:1)



"The fulfilling of obligations". has been emphasised.

(B) If a breach of trust is feared from any nation, the treaty should be returned: (8:58)



"If you fear breach of trust from any group, throw back (their covenant) to them (so as to be) on equal footing, for Allah Almighty loveth not the treacherous."

If you fear being betrayed on the part of any nation, do not break the covenant without first informing them; inform them first so that both the parties come to the same level. If the premature cancellation of the covenant causes them a loss, it ought to be compensated, so as to come to equality of terms, for the Divine Law disapproves the breach of commitment. If you do not agree to the renewal of treaty, that should also be communicated to the other party beforehand, so that those likely to be affected adversely can make the necessary alternative arrangements. The same procedure was adopted in dealing with the opponents after the conquest of Makkah; its details are given in the first four verses of Surah Taubah (9:1-4) But if the other party breaks the covenant without reason, war is allowed against them. [see details in (9:12-13)].

(C) If the enemy joins hands with a group which enjoys a treaty (of peace) with you, the war against them shall be discontinued. The same applies to those who remain neutral. (4:90).

(D) Against those with whom you have a treaty of mutual alliance, even the Muslims will not be extended help (8:72).

Detailed injunctions in these matters also relate to wars; therefore only the pointers have been described at this juncture.





14. REBELLION

In an Islamic State, the spreading of sedition, (creating dispersion, diminution of peace and to bring about lawlessness) or mutiny against it, are the most serious crimes for which the punishment is very severe. Thus it is said: (5:33)



"The result of their tumultuous attitude is that when a system of justice has been established in the country in which there is peace all round, instead of living a peaceful life, they continue their subversive activities. This is tantamount to rebellion against the system based on justice and statute. In such a case the punishment of those who rebel against the central authority of the state and strive to create disorder within its boundaries, is their execution or crucification, or the cutting of hands and feet from opposite sides, or banishment from this land (or deprivation from general privileges) i.e. any of those relevant to their crime. This punishment shall be their disgrace in this life and a heavy punishment is theirs in the Hereafter as well. That is because one result of this crime is related to the society which it is necessary to check and the other has its effect on the person of the offender (4:111) which results in the disintegration of his personality which shall be the cause of his destruction in the life Hereafter."

But if these people repent before being taken in (retract from their rebellious course), they shall not be punished. The verse following the one above, explains: (5:34)



"Except for those who retract from their activities before their being subdued by you: keep in mind that in that case the Divine Law may spare them from the punishment and they may not be deprived of the common privileges."

The Holy Quran has described at other places, those who wage a war against the Islamic System. [See (9:63); (58:5-20)].

(a) Leaving aside actual rebellion against this System by such people, even to have relations of affinity with them is a crime: (58:22)



"As it is a fact that truth and falsehood are opposite to each other, so how can it then be possible that people who believe in Allah Almighty and in the life Hereafter, befriend those who resist the Divine System even though they were their fathers or their sons, or their brothers or their kindred. [(3:117); (60:4)]."

(b) To betray the trust of an Islamic Government is also a crime: (8:27)





"Oh you who believe! It is essential for you neither to betray the Divine System (Allah Almighty and His Rasool), nor misappropriate knowingly in discharging the duties assigned to you. You know what shall be its result."

To advocate the cause of those who betray the trust is also a crime: (4:107); (4:105)



"So be not amongst those who advocate for the perfidious".

It is also a crime to conspire and to hold secret meetings in order to discuss unlawful affairs: (58:9)



"O you who believe! When you hold secret counsel, do it not for iniquity, hostility and disobedience to the Divine System. Always hold counsels for righteousness and self-restraint."

It is incumbent on an Islamic State to make them a part of their constitution in an appropriate form.