Thread: Islamic Laws
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Old Wednesday, November 21, 2007
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Chapter no 3

Government Agencies





INSTRUCTIONS FOR GOVERNMENT EMPLOYEES



Although every law and code of an Islamic State shall be applicable to the government officials like the other individuals of society, but, in view of their special responsibilities, they shall have to be more circumspect in some particular aspects, for example:-




1. Allah's Law of Requital is cognizant not only of the human deeds that are manifest, but also of those which are concealed, such as an idea that flashes across one's mind or even the impurity of one's glances. Therefore, in the performance of their duty if they commit any carelessness, negligence, irresponsibility or breach of trust, but somehow escape the consequences of the law, yet they must remember that they cannot escape the grip of Allah's Law of Requital. Allah's Law of requital is such that: (40:19)



"He knows the perfidy of the eye and that which the bosoms hide."

2. In each affair they shall have to ensure that they do not take a decision repugnant to Quranic Teachings because "to enjoin what is right according to the Divine Laws and to forbid what is wrong", is their basic responsibility (22:41). Their decisions should not only fulfil the demands of justice but also that of Ihsaan. Thus it is said: (4:58)



"Whenever you decide the disputed affairs of the people, always do it with justice."

At yet another place it is said: (16:90)



"Indeed Allah Almighty commands you to do justice and make good the deficiencies of others."




Justice means that every individual in a human society gets what is his due and Ihsaan means making up the abatements of the individuals to restore the disturbed balance in the society. ADL and IHSAAN are the two basic terms of the Quran which can be given a practical shape by pondering over the day-to-day affairs. For example a thief shall be punished according to law; this shall be a matter of justice. But the loss of one whose belongings have been stolen, is not compensated by this act. The Adl and Ihsaan demand that the loss of the victim should also be compensated.




3. You yourself must practise what you say to others; (61:2-3)



"O you who believe! You ought to present a practical proof of your belief (in the Divine Commands) by your own acts. You should never say to others what you do not do yourself. It is grievously odious in the sight of Allah Almighty that you say what you do not do."

Harmony in what you say and what you do is the visible proof of what you profess.




4. All that belongs to the State (even the secrets of the State) are a trust with you. Do not betray this trust: (8:27)



"O you who believe! It is incumbent on you that you do not betray the trust placed in your hands by the Divine System (Allah Almighty and the Rasool) nor in the performance of the duties entrusted to you. You know what shall be the result of it."





5. Render back your trusts to whom they are due and fill up the vacancies in the government service on their merit. Both these concepts are present in the verse: (4:58)




6. Never let people's confidence (trust) in you be shattered. Let the trustee faithfully discharge his trust: (2:283)



"If one of you places a thing in trust with another, let the trustee (faithfully) discharge his trust."

Basically this command relates to properties entrusted to others but as a matter of principle this is applicable to all kinds of trusts. It means that no matter what is placed in your trust, you should always honour the trust reposed in you.




7. Do not take part in any type of intrigue and always stay conscious that: (35:43)



"The evil plan besets none save its own authors."




8. You should co-operate with one another in constructive matters. Co-operate with each other in matters of benefit to humanity and in matters consistent with the Divine Laws, (5:2)



"is the Divine Commandment; and "Be with those who are veracious" (true to their commitments)." (9:119)



"Be with those who are true (in words and deed", is an emphatic commandment."

9. If one finds that another officer is handing out a wrong decision on account of his being ill-informed, he should convey to him correct information. This act shall be called SHAFAA'AT-E-HASANAH commendable intercession. (4:85)



"If somebody stands in support of another person in a matter just and equitable (commendable intercession) he shall also share pleasant results. On the contrary, if one helps another person in matters of injustice and transgression (called evil intercession) he shall share its disastrous consequences."


They shall neither take the side of those who are dishonest and betray the trust. (4:105)



"So be not (used) as an advocate by those who betray the trust, and never indulge in bribery", is Allah's Directive. The following verse is a comprehensive guide on the matter: (2:188)



"Do not eat up your property among yourselves by foul means, nor use it as a bait for the judges, with the intent that you may eat up wrongfully a part of (other) people's property, although you know its results."





10. Investigate all disputed matters yourself: never rely on hearsays: (17:36)



"And pursue not that of which you have no knowledge (i.e. of which you have not made an investigation or personal enquiry) collecting relevant information employing your faculties of hearing and seeing, and then make the knowledge thus obtained the basis of your decisions, so as to reach the correct conclusion. If a single link of this chain is missing, your enquiry shall remain defective. Think what a great responsibility lies upon you, because Allah Almighty has endowed you with the power of discretion and determination; He has not made you a constrained machine. For the use of your discretion He has bestowed on you the mediums of knowledge and ascertainment. The one who does not make use of them, tries to escape from his responsibility."




11. Achieve prevention of evil with the beauty and proportion of your deeds. The principle is: (23:96)



"Repel evil with that which is best."

12. If one does wrong by mistake and there is a possibility of his correction, he ought to be pardoned. Thus it is said: (6:54)



"If there is an omission or negligence on somebody's part, thereafter he repents and makes amends in future, he ought to be given protection and forgiveness by the organisation of the state."


If anybody's guilt demands the fulfillment of justice, the punishment should not exceed his crime. In this respect the principle is: (42:40)



"The recompense of an evil is punishment equal thereto".



13. They should exercise self-control (maintain their composure) and not get enraged easily: (3:133)



"To control tempers and to forgive others" has been called trait of the believers.

Self-restraint also implies talking in low and dulcet tones. (31:19)



"Soft talking and moderation in walk (gait) are the symbols of trustworthiness and solemnity."

During discussions they should not try to compel others to accept their version on the basis of their awe-inspiring presence as an officer; but (16:125)



"Argue with them in ways that are best and most gracious."




14. They should always fulfil their promise: (17:34)



"And fulfil (every) commitment, for (every) commitment will be enquired into on the Day of Reckoning."




15. They should not throw their responsibility on others. The principle is: (53:38)



"No bearer of burdens shall bear the burden of another." Everybody shall bear his own burden.



16. They should never wish to be praised for what they do not do. That is be not like those who like flattery and are thus the most dangerous enemies.

The way of hypocrites is described as: (3:187)



"They desire to be praised for what they do not do."
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