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.

The Independence of the Judiciary

Islamic Law, through the sacred texts and through its basic principles, prohibits the governing officials from interfering with or influencing the decisions of the court in any way. Islamic Law, in its general principles and individual statutes, seeks to realize its primary objective of establishing justice on the foundation of monotheism. Monotheism is not just lip service. It is realized through actions that verify the profession of faith. These actions must entail carrying out the commandments of Allah and preventing what Allah has prohibited. This is a collective responsibility of Muslim society. This requires that Allah’s commands and prohibitions be applied as the standards of truth and justice. Whatever Allah has commanded is truth and justice and whatever He has forbidden is falsehood and oppression. Consequently, prohibiting what Allah has forbidden is truth and justice.

There are numerous verses in the Qur’ân that command justice and forbid oppression. Allah says:

- Verily, Allah enjoins justice, doing good, and spending on one’s relatives, and forbids licentious deeds, wrongdoing, and transgression. He admonishes you, so perhaps you might take heed.

- And let not the hatred of others dissuade you from justice. Be just, that is nearer to piety; and fear Allah. Verily, Allah is well acquainted with what you do.

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

- And whoever does not judge by what Allah has revealed, they are the disbelievers.

In the hadîth, Allah’s Messenger relates: “Allah says: ‘O My servants, I have prohibited oppression upon myself and made it prohibited between you, so do not oppress one another.”

These are but a few of the sacred texts that show the obligatory nature of judging with justice and with what Allah has revealed. This is a general command, equally applicable to the one who governs and the one who is governed. The political power in Islam is bound by Allah’s Law. There is no obedience due to the government if it requires disobedience to Allah’s Law. This is the way our pious predecessors acted upon Islamic Law. The political leaders are merely appointed to the affairs of state. The true ruler is Allah. The Caliph or leader is but one of the Muslims, equal with the others. The Muslims are the ones who select him and place him in authority. They can monitor his activities. He must consult with them. If he violates Islamic Law and acts against the welfare of the people, they can have him removed from office.

In the past, the political leaders of the Muslim state understood that justice - by which the heavens and the Earth are kept right - is the basis for governing in Islam.

`Amr b. al-`As said: “There is no political leadership without men. There are no men available without wealth. There can be no wealth without a prosperous civilization. Civilization cannot prosper without justice.”

The Caliph `Umar b. `Abd al-`Azîz wrote to one of his functionaries who sought permission to fortify his city: “Its fortification is achieved through justice and through removing oppression from its streets.”

Sa`îd b. Suwayd said in one of his addresses in the city of Homs: “O people, Islam has an impenetrable wall with a secure gate. Its wall is the truth and its gate is justice. Islam will remain inviolable as long as the political authority is stern. This sternness is not by whip or sword, but by judging with truth and applying justice.”

For this reason the Rightly Guided Caliphs and the leaders of the Islamic state worked hard to bestow every possible dignity and honor on the judiciary and strove to protect it from all outside interference. They did this to ensure truth and justice. Therefore, they did not attempt to turn the court rulings to their favor or the favor of those they liked.

They, themselves, adhered to the decisions of the judiciary, respected them, and carried them out. They accepted the verdicts of the judge. Even when the rulings were against their own selves, they would dutifully carry them out. The history books are full of narrations where the Rightly Guided Caliphs and later Muslim governors were involved in litigation with others and the judges who they themselves appointed ruled against them. In some cases, the Caliph knew what the truthful outcome should be, but still allowed the case to go to court in order to set an example of conduct for those who would come after them. They would also do this to test the strength of the appointed judges in the face of such a situation where their adversary might even be a Jew or other Non-Muslim.

The judges, themselves, were no less concerned about these things than the governors were. The judge in his courtroom was an imposing and well-respected figure. He would not sway from the truth on account of criticism. He would treat the prince and the pauper equally. The history books give us some examples of this.

Al-Ash`ath b. Qays entered upon the judge Shurayh while he was in his courtroom. Shurayh greeted him and bade him sit next to him. At this time, a person came in with a case against al-Ash`ath. Shurayh then said: “Stand up and take the defendant’s seat and address the other.”

Al-Ash`ath said: “On the contrary, I will speak to him from here.”

Shurayh then said: “Will you stand on your own, or must I bring someone in who will make you stand?” At this point, he stood up and took his place as ordered.”

Abû Yûsuf - one of history’s most extraordinary judges - has a case brought before him where a man claimed that he owned a garden that was in the possession of the Caliph. Abû Yûsuf had the Caliph appear in court and then demanded that the plaintiff bring his proof. The plaintiff said: “The caliph misappropriated it from me, but I have no proof, so let the Caliph take a solemn oath.”

The Caliph then said: “The garden is mine. Al-Mahdî purchased it for me but I find no contract for it.”

Abû Yûsuf bade the Caliph thrice to testify under oath, but the Caliph would not do so. At this point, Abû Yûsuf ruled in favor of the plaintiff.

The Caliph, Abû Ja`far al-Mansûr, once wrote to Siwâr b. `Abd Allah, the presiding judge in Basra: “Look at the land that so-and-so the general and so-and-so the merchant are disputing about and give the land to the general.”

Siwâr wrote back: “The proof has been established before me that the land belongs to the merchant. I will not take it from him without proof.”

Abû Mansûr wrote back: “By Allah, besides Whom there is no other god, you will not take it from the merchant without right.” When the judge’s letter had reached him, he had said: “I have filled it, by Allah, with justice, and my judges have begun to refuse me with the truth.”

Islam did not stop at prohibiting the political leadership from interfering with the decisions of the judge. It went further, providing other guarantees to ensure that the judiciary would remain strong and independent.

Since the judge holds such a prominent and serious position in society - being that he is the one who decides between others in their disputes - it is necessary for him to enjoy the respect and trust of the people so that they will be content in accepting his judgments as just. A judge will not be able to attain this public esteem except with some concrete proof of his character.

He provides this proof through his good conduct that must be free of eccentricities and through his unyielding adherence to justice when passing judgment. The jurists stress this point and discuss the types of behavior and work that a judge should stay away from. Without doubt, the things that they mention are not exhaustive, but are merely given by way of example.

What is meant by justice?Explain its importance in Islam?

MEANING OF JUSTICE:

Islam is built on the five basic pillars of the religion. These relate to faith and to practice, but at a deeper level it might be said that there are two great pillars which support the whole edifice. These are Peace and Justice. They are clearly connected with each other as there can be no enduring peace without justice. The very word "Islam" comes from the same verbal root as "salam" meaning “peace” and, since the religion is based upon total submission to the will of God, Muslims believe that real peace is out of reach unless it is based upon this submission within the universal order. They believe equally that there can be no real justice except as an aspect of submission to the source of all that is just and well ordered. Although God in Himself is beyond comprehension or analysis, the Qur’an gives us hints as to His true nature through what are sometimes called “the 99 names” and one of these is al-ªAdl, “the Just”. Another of these names is al-Muqsiö, “the Dispenser of Justice” or “He who gives to each thing its due”.


The Quran praises those who always act “in the light of truth” and tells us,

“Perfected are the words of your Lord in truth and justice”.

It tells us also,

“Behold, God enjoins justice and good actions and generosity to our fellow.”

and it also commands us never to let hatred lead us into deviating from justice

“Be just! That is closest to God consciousness”.


IMPORTANCE OF JUSTICE:

Islam attaches the highest importance to justice. In fact, Divine Justice is the backbone of the whole act of creation. The balance and the due proportion evident in the heavens and the earth are a manifestation of God's justice.

In Islam, balance and justice are central to concept. It is the consequence of Divine Justice that man posesses free will because, without free will, man does not merit eitherreward or punishment for his deeds. For this reason, the great scholars of Islam have called free will the Principle of Justice.

The reason for the ruin of many past civilizations is that they negelected the roots of justice.Islam imparts great significance to the principle of justice and believs in teh sever punishment of those who violate its fundamentals.Infact this is the valuable lesson which we gain from teh study of past history .We observe nations that were destroyed because of their inequities.

Allah commands us in the Qur’an to do good and to avoid shameful deeds, injustice He commands us to be just, even if we hate people.Nations that that live and act in accordence with the Divine law bring prosperity and grow strong.An unjust and reactionary nation has always suffered doom.The basic Islamic principle is that nations succeed or fall as a consequence of tehir own acts .As it has been stressed in Quran,

"He who has to perish ,perishes by s clear proof and he who ahs to survive strives by a clear proof"
So God does not do injustice to anyone but it is because of teh very acts of the people which they employ and in the consequence suffer from the downfall.

QUALITIES OF JUST RULER:

In order to know the obligations of a ruler towards dispensing justice in Islam, a letter of Khwaja Hasan Basri written in reply to a query by Caliph Umar Bin Abdul Aziz (RA) makes a very informative and revealing reading. The question posed by the Caliph was “what are the qualities of a just ruler”. In reply he wrote,

“A just ruler is a “guide” and “corrector” for all those who try to go astray, a friend and supporter of good citizens and a helper to all those who are weak and a redeemer for the oppressed and helpless. He is like a shepherd, kind to his camels, selects best grazing ground for them, saves them from harmful pastures, saves them from carnivorous animals and protects them from heat and cold. A just ruler is like a loving father who brings up his children with great care and affection, trains and educates them, earns for them and leaves enough for them when he dies. He is like kind and soft hearted mother who gives birth to children, suckles them and is happy when her children are happy and is highly disturbed when her children are in trouble.

He further says
“A just ruler is the protector and treasurer of orphans and have- nots and provides sustenance to all the needies. He is like heart in the body and if the heart functions properly, the whole body is healthy and if heart is sick, the whole body is sick. He is a link between man and God and he conveys the message of God to the people. A ruler should be like a functionary who is trusted with some property and should not but waste and squander this property. He should abide by all limits on human conduct as prescribed by God. If he violates those limits, the results will be disastrous”.

Addressing the Caliph, Khwaja Hasan Basri warns: “O leader of the Muslims, you should remember that one day you will die like all other people and there will be none to help you. There is another abode waiting for you where you will be all alone and only your good deeds will be your support there”.

Regarding selection of Government functionaries, Khwaja Sahib says that:

“A just ruler should appoint good persons to manage the affairs of the masses and only those who are just should be elevated in status, position and stature. In case of appointment of non-deserving officials and functionaries, the ruler will be responsible for their actions and conduct. In case of unjust conduct of his functionaries, the prayers of a ruler will not be approved and acceptable to God. Appointment of non-deserving officials is dishonesty towards God”.

As for dealing with enemies and opponents Khwaja Hasan Basri says: “A just ruler should deal justly with enemies and opponents also because the doors of Islamic courts of justice are open for all and there should be no discrimination in the matter of justice, which should be absolutely unbiased. A just ruler should not listen to the unlettered people and should not impose the more powerful on the weak ones”.

The qualities of a just ruler enumerated by Khwaja Hasan Basri are very clear. He should be just, in every way of the word. He should conduct himself in personal life and Government affairs strictly according to the tenets of Islam. He should himself be accountable in the courts of law. He should administer social justice, as all human beings are family of God.

SOCIAL JUSTICE:

Islamic system of justice includes social justice, which means that the Government must manage to meet and fulfil the needs and requirements of all citizens. This includes provision of job, means of subsistence and economic justice. This further implies that it is the responsibility of the State to provide food, shelter and clothing to all the citizens of the State. Economic justice is aimed at equitable distribution of means of living and check concentration of wealth in a few hands. That is why the rightly guided Second Caliph Hazrat Umar refused to allot lands to the Muslim soldiers and commanders in areas conquered by Muslims in Iran, Iraq and Syria.

Social justice is an important prerequisite for peace in the world since an unjust social system can errupt and can become a significant cause of the gloom,destruction of the society.Islam as a religion imparts great imporatnce to the social and political concerns of teh society.Islam strongly opposes the all forms of justice and takes all measures to ensure the prevalence of justice in every field of human existence.The emphasis of justice clearly bears out Islam's stance on a justly balance society which is free from the exploitation of any individual.

DEMANDS OF THE SOCIAL JUSTICE:

THe concept of social justice requires that all human being sshould be treated on equal footing .It doesn't allow the distinctions on the basis of colour,creed or culture rather it develops in man the insight of openmindedness and promotes equilibrium and harmony among the people of teh society.All members of the community must enjoy equal rights and status.Again and agin it has been streesed that there is are no distinctive cahracteritics among the members of the society,as
"The believers are but a single brothehood"
Thus the islam social order emphaiszes the development of mutual relationship among each other.

ADMINISTRATIVE JUSTICE:

Only justice can create discipline in life of the people. Also essential is administrative justice, which means that all State functionaries are also subject to accountability and do not consider and treat people as “slaves” or “personal servants”. They should not insult the people in any manner. They should be honest and efficiently administer public affairs. It should be observed carefully that the concentration of wealth in one class or in a few hands does not occur.


CONCLUSION:
Social and economic justices are the foundations on which an Islamic society is built. Only equality, equity and social balance can ensure a balanced and healthy society. Injustice and imbalances create disruption in the society. It is incumbent upon a ruler of an Islamic country to see that none goes hungry, none is jobless and none is shelter less. Besides all citizens must be equal before law and are respected.

So does it mean Islamic Political System is actually a Theocracy. ?!

If Islam is Politics in itself then why it not implemented in Islamic Countries ?!
(What's the reason)

Some Respected people like Sibte Hassan believes that there is no any exact Islamic Political System ... !!!

Scholars and observers who do not believe that Islam is a political ideology include Fred Halliday, John Esposito and some Muslim intellectuals like Javed Ahmad Ghamidi.

http://en.wikipedia.org/wiki/Islamism

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