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[B][U][CENTER][FONT="Georgia"][SIZE="6"]Islamic Social System:[/SIZE][/FONT][/CENTER][/U][/B]
[B][U]Outline:[/U][/B] [B]• Introduction • Islamic Mode Of Life • Basis Of Islamic Society i) Equality ii) Fraternity iii) Wedding Bond iv) Welfare Environment v) Concept Of Responsibility • Rules And Regulations Of Islamic Society i) Mutual Relationship Of Members Of Family ii) Relationship iii) Mosque iv) Respected Traditions v) Education System vi) Limits And Legal Codes[/B] [B][U]Introduction:[/U][/B] Man is a social animal. His nature is always inclined to love that’s why he likes to live collectively with other people. He is helpless in this regard forever. God has given man wisdom and intellect only to live within a society. When a man is born he always looks forward to people who look after him. When he comes to an age he stands in need of necessities of life. He always remains in need of someone or something and if h is cut off from all these things he will be totally for nothing. [B][U]Islamic Mode Of Life:[/U][/B] Islam has its own stable and firm mode of life which has certain and regulations. It has full code for justice on equal lines. Society is a name of united people thus Islam never ignores the basic rights of an individual as well as of a group. Islam looks all the individuals and groups form same angle. Islam is a religion which favours the separate identity of an individual. It never considers a man only a spare of any system but considers an individual an important part of it. for the perfect training of an individual within a society Islam provides full chance to furnish his talents: The Holy Quran says; [B][CENTER]“Whoso doth good it is for his soul, and whoso doth wrong it is against it.” (Fussilat: 46)[/CENTER][/B] Islam lays great emphasis upon the acquisition of knowledge. The Holy Prophet (PBUH) was particularly taught a Quranic verse: [B][CENTER]“And Say, My Lord! Increase me in knowledge.” (Ta-Ha: 114)[/CENTER][/B] And the Holy Prophet (PBUH) himself said: [B]It is the duty of every Muslim man and woman to acquire knowledge.[/B] The acquisition of knowledge is mainly for reformation of practical life. That’s why Islam ha stressed for the quest of knowledge. Quran in this regard openly says: [B][CENTER]“And that man hath only that for which he maketh effort.” (An-Najm: 39)[/CENTER][/B] Islam sees Muslim Ummah as the central Ummah or an Ummah for God, therefore, every person is responsible for continuous struggle for the solidarity of religion and for the sacrifice of his life for the sake of the propaganda of religion. The environment of Islamic society also provides a chance for the betterment of the world hereafter. [B][U]Basis Of Islamic society: [/U][/B] [B][U]i) Equality:[/U][/B] The first and most important basis of Islamic society is that all the human beings are from same pedigree. All the mankind is the children of Adam (RA). Brotherhood, colour, countries, forefathers, language, tribes and other natural things are only for the sake of introduction with each other. But to make these differences the basis of differences between each other is totally wrong. Because Islam preaches unity and equality among the mankind at all levels. In the Quran, it is said: [B][CENTER]“O’ mankind! Lo! We have created you male and female, and have made you nations and tribes, so that ye may know one another. Lo! The noblest among you, in the sight of Allah, is the best in conduct. Lo! Is knower and Aware.” (Al-Hujurat: 13)[/CENTER][/B] [B][CENTER]ii) Fraternity:[/CENTER][/B] All the Muslims are brothers for each other. The relation due to religion is considered to be the greatest of all. Quran says: [B][CENTER]“The believers are not else brothers.” (Al-Hujurat: 10)[/CENTER][/B] At another place in the Quran it is said: [B][CENTER]“And holdfast, all of you together, to the cable of Allah, and do not separate.” (Al-Imran: 103) [/CENTER][/B] [B][U]iii) Wedding Bond:[/U][/B] Men and women are two different pillars of a society. Both have their own cult and personality. Both take part in building of social set-up. There is equality between men and women on the legal basis. Both have same rights and responsibilities in this regard. In a family structure, male is considered leader and supervisor of the affairs. Generally every man and woman is just like brother and sister and they have no right to be but wedding is the only way through which they get united and share each other’s problems. This is the very legal method by which they are valid for each other. Here they lay the basis of a separate family. [B][U]iv) Welfare Atmosphere:[/U][/B] The atmosphere of the society must be developed on the basis of welfare, cooperation, help, and share in sorrows, sacrifice and brotherhood. When the people meet they must pray for eachother’s salvation. Every man must wish for his brother hat he likes for himself. All the evils must be avoided. Cooperation must be rendered in good deeds. Quran says: [B][CENTER]“Help ye one another unto righteousness and pious duty. Help not one another unto sin and transgression.” (Al-Ma’ida: 2) [/CENTER][/B] [B][CENTER]“Be thou kind even as Allah hath been kind to thee, and seek not corruption in the earth.” (Al-Qasas: 77) [/CENTER][/B] Moreover, the Quran says: [B][CENTER]“And spy not, neither backbite one another.” (Al-Hujurat: 12)[/CENTER][/B] All these verses mean that Islam wants to make society congenial for everyone. [B][U]v) Concept Of Responsibility:[/U][/B] Islam gives the concept of fulfilling some responsibilities-to propagate good deeds, to deter evil deeds and to help each other. The Holy Prophet (PBUH) said that the man who lives among others and shows patience on the misdeeds done to him by others is better than the man who does not live among the people and is not patient over excesses done to him. After these instructions Islam has also given a system of basic human rights including rights of brothers, family members, relatives, neighbours, common men, and minorities. Even the rights of animals and plants are also determined in Islamic system. [B][U]Rules And Regulations Of Islamic Society:[/U][/B] There are some rules and regulations which Islam has authorized to develop a society of these are discussed briefly as under: [B][U]i) Mutual Relationship Of Members Of Family:[/B][/U] Family is the first and basic institution of human social training. That’s why the importance of a family in Islamic society is very great. First step of Islamic society is the formation of which is a pure and legitimate relation between a man and woman. This relation makes a unity within itself. Here a new generation comes into being with it many new relations are also generated. Finally all these relations spread over to form a complete society. [B][U]ii) Other Relations:[/U][/B] There are much more in the family stock to deal with Kith and Kin outside one’s family. Islam wants to see all these to share eachother’s sorrows and happiness. In Quran there are many places where emphasis is laid upon good behaviour towards relatives. But it does not mean that there should be encouragement against Islam and its traditions. Islam has also set hereditary rules to strengthen existing relations. [U][B]iii) Mosque:[/B][/U] Mosque is symbol of unity among Muslims and it reflects the tone of existing relations. It also works as a permanent institution for the social tis. It is only mosque which can make Islamic social plan successful. [U][B]iv) Respected Traditions:[/B][/U] In an Islamic society sacred traditions must be guarded at all costs and the policy must also be framed upon these lines because this process does not break link with its past. But it is not meant for that no new tradition will be set up. Fast changes in routine life automatically change the boring old traditions. There is no need of change via revolution or revolt. [U][B]v) Education System:[/B][/U] The real reformation of an Islamic society is only possible through its education policy. Because to transfer one’s traditions and knowledge one must ponder over the faults of one’s education policy. Education is also one of the greatest pillars of Islamic society. [U][B]vi) Limits And Legal Codes:[/B][/U] There are many ways to cope with the evils and sins of any society but rules and regulation to curb evil-doers are also must. Islam also has such system with proper rules and regulations. These rules are made to save the citizens from evil-doers and sinners. Islam has set particular penalties and punishments to deal bad elements with an iron hand. No one is greater or smaller in the eyes of Islamic law. The Holy Prophet once said, [B][CENTER]“If my daughter steals something, by God I will cut her hands too.”[/CENTER][/B] |
[B][U][CENTER][FONT="Georgia"][SIZE="6"]Judicial System Of Islam[/SIZE][/FONT][/CENTER][/U][/B]
[B][U]Outline:[/U][/B] • [B]The Quran On Justice • Concept Of Justice In Islam • Principle Of Justice Under Islam[/B] [B][U]The Quran On Justice:[/U][/B] According to Islam, God is Sovereign, and He is Most Just. Man as the vicegerent of Allah is enjoined to do justice even though it may be against himself. According to Islam, justice is next to piety. There are numerous verses in the Holy Quran enjoining Muslims to do justice. Some of these verses are quoted here under: [B][CENTER]“God commands that when you judge between man and man, judge with justice.” (An-Nisa: 58)[/CENTER][/B] [B][CENTER]“Allah has sent down the Book in truth, so that you may judge between men as guided by God” (An-Nisa: 103)[/CENTER][/B] [B][CENTER]“Allah commands justice, the doing of good and liberality to kith and kin. He forbids all shameful deeds, injustice and rebellion.” (An-Nahl: 90)[/CENTER][/B] [B][CENTER]“We sent down with Our Apostle the Balance of Justice, so that man may stand forth in justice.” (Al-Hadid: 25)[/CENTER][/B] [B][CENTER]“If you judge, judge in equity between them for Allah loves those who judge in equity.” (Al-Ma’ida:45)[/CENTER][/B] [B]Concept Of Justice In Islam:[/B] The concept of justice in Islam is radically different from the concept of justice under other orders. For Greek concept of justice was that of remedial justice. The Roman concept of justice was that natural justice, while the Anglo-Saxon concept of justice is that formal justice. In Islam, justice is symbolised by “balance” and, this stands for absolute fairness. In Islam, justice is not merely a formal function of the Sate; it is a religious obligation. The concept of justice in Islam accordingly stands at a higher pedestal as compared with the concept of justice under other orders. [B][U]Principle Of Justice Under Islam:[/U][/B] From the verses of the Holy Quran concerning justice quoted above, we can deduce some principle of justice which distinguishes Islam from other orders. Some of these principles are as follows: i) Justice must be substantial and not merely formal, which means that justice should be done not only in accordance with law (i.e. formal), but it should be done in such a way that it results in absolute justice and complete fairness (i.e. substantial). ii) In Islam the doing of justice is not the concern of the judge alone; but it is the responsibility of the community as well. Every member of the community is involved in the process. If any injustice is committed to any person’s knowledge he cannot stand apart as a silent spectator even though he is not personally affected. iii) Justice according to the Islamic concept demands a very high sense of moral standard, so that person has the courage to be a witness eve against him if he has done any wrong. iv) According to Islam, justice is next to piety. As such the doing of justice is not merely a legal obligation or a moral duty; it is a religious imperative. v) In an Islamic State, justice is to be done in the name of Allah and Allah is fully aware of the intentions of men. In Islam, therefore, administration of justice is not based merely on the overt act; the motive behind such act is also to be taken into account. vi) Justice in Islam is not blind, it is very much enlightened. vii) Islam stands for absolute equality before law, and the equal application of law. In Islam, no one enjoys immunity and no discrimination is permissible in the application of the law. Unlike the secular concept, “The King can do no wrong”, the Head of the State in an Islamic order is accountable before law for any wrong that he may have done. viii) Under Islam, law and equity, are not two different concepts as in the Anglo-Saxon law. As such there are no separate courts of equity in Islam, nor there any different principles to govern the grant of equitable remedies. Specific performance is the rule and not an exception under the Islamic system of justice. ix) In the matter of criminal justice, the principle adopted under the Islamic system is preventive rather than primitive. The aim of the Islamic system is to prevent the committing of crime and not merely to punish the offenders. Islamic State is not concerned merely with the punishment of offenders; it is under an obligation to create conditions which would prevent the commission of crime. In Islam, Justice is the basic obligation of the State and has therefore to be administrated free. No court fees can be levied under the Islamic system. x) Islam does not recognize the Anglo-Saxon concept that “Ignorance of law is no excuse.” In an Islamic State, the State has to ensure that no one should suffer because of the ignorance of law. xi) Under Islamic system, there can be no exploitation or professionalization of the Judicial process; if a lawyer knows that his client is guilty he cannot plead his case. xii) In secular orders, justice long drawn out time consuming process. According to Islam, “Justice delayed is justice denied.” Islam stands for speedy justice. xiii) In Islam, the laws of natural justice are of special significance. In Islam no one can be condemned or subjugated to any disability without being heard. In Islam if an unjust order has been passed by a judge because of any bias, it is the judge who should be removed and not merely his decision as in the secular orders. |
@Roshan wadhwan
I have read your notes regarding Islamic topics. Few suggestion for you work are as under: [B][COLOR="Purple"][LIST][*]Add "subjects of Zakat (Musarfeen-e-Zakat) [*]Add "concept of the Day of judgement in different religions" (major religions of the world) [*]As far as Jihaad is concerned, Jihaad in contemporary scenario or Jihaad vs terrorism is most recent issue. [*]Ijtihaad-------Just add little more like "who is Mujtahid? pre-requisite for Mujtahideen, Ijtihaadi institutions in the Muslim World and Pakistan as well. [LIST] [*]Compare current law in order situation in context of Islamic judicial system.[/LIST][/LIST][COLOR="Purple"][/COLOR] [/COLOR][/B] I'l give more suggestions later on. Regards, |
For Ijtihaad see this useful link:
[url]http://www.cssforum.com.pk/css-compulsory-subjects/islamiat/islamiat-notes/41955-t-he-future-ijtihad-modern-islamic-thought.html[/url] Regards, |
[B][U][CENTER][FONT="Georgia"][SIZE="6"]Political System Of Islam:[/SIZE][/FONT][/CENTER][/U][/B]
[B][U]Outline:[/U][/B] • [B]Introduction • What Is An Islamic State? • Purpose Of Islamic State: • Basis Of Political System In Islam • Main Features Of Islamic Political System i) Sovereignty Of Allah ii) Khalifah Of Mankind iii) Legislation By Shura iv) Accountability Of A Government v) Independence Of Judiciary vi) Equality Before Law[/B] [B][U]Introduction:[/U][/B] Religion and politics are one and same in Islam. They are intertwined. We already know that Islam is a complete system of life and politics is very much a part of our collective life. Just as Islam teaches us how to say Salt, observe Saum, pay Zakat and undertake Hajj, in the same way it also teaches us how to run a state, form a government, elect councillors and members of parliament, make treaties and conduct trade and business. [B][U]What Is An Islamic State?[/U][/B] The State is defined by Garner in these words, “The state, as a concept of political science and public law, is a community of persons more or less numerous and permanently occupying by a definite proportion of territory, independent, or nearly so of external control, and possessing an organized government to which the general body of inhabitants render habitual obedience.” Whereas in the Islamic State sovereignty rests with God who delegates political authority to some selected person. Here public law is the Quranic law. The Islamic State cannot frame any laws against the injunctions of the Quran and the Sunnah. Islamic State is a welfare State. [B][U]Purpose Of Islamic State:[/U][/B] The main object of the Islamic State is to promote good and stop the evils. The Muslims should be forced to act upon the injunctions of the Quran and the Sunnah. The Islamic state guides its citizens in all aspects of life including religious. It should promote good and order so that the law of justice by God must prevail everywhere. [B][U]Basis Of Political System In Islam:[/U][/B] The political system is based on two realities: i) The personal position of Allah vis-à-vis this universe, particularly men: He is not only their Creator and Supporter but also their real Master. ii) The personal position of Man: He is not only created and supported by Allah (Sustainer of all the worlds) but is also His humble slave and His vicegerent on this earth. [B][U]Principles Of Islamic Political System:[/U][/B] The Islamic Political system is based on the following principles: [B][U]i) Sovereignty Of Allah.[/U][/B] Sovereignty means source of power. In Islam, Allah is the source of all powers and laws. [B][CENTER]“Legislation is not but for Allah. He has commanded that you worship not except Him.” (Surah Yusuf: 40)[/CENTER][/B] [B][CENTER]Say, “Indeed, the matter completely belongs to Allah.”[/CENTER][/B] (Al-i-Imran: 154) It is Allah who knows what is good and what is bad for His servants. His saying is final. All human beings unitedly cannot change His laws. The Quran says: [B][CENTER]“As for the thief-male and female-chop off their hands. It is their reward of their action and exemplary punishment from Allah. Allah is Powerful, Wise.” (Al-Ma’ida: 38)[/CENTER][/B] According to Islam, this order is unchangeable by any parliament or government which claims it to be an Islamic state. There are many more laws in the Quran concerning our life and those laws must be put into practice by an Islamic state for the greater good of human beings. [B][U]ii) Khalifah Of Mankind (Vicegerency Of Man):[/U][/B] Man is the vicegerent or the agent or the representative of Allah on earth. [B][CENTER]“And it is He who has made you successors upon the earth and has raised some of you above others in degrees [of rank] that He may try you through what He has given you. Indeed, your Lord is swift in penalty; but indeed, He is Forgiving and Merciful.” (Al-An’am: 165)[/CENTER][/B] Allah is the sovereign and man is his representative. Man should do as Allah commands him to do. But he has a choice either to obey or disobey Allah and because of this freedom of choice he will be tested on the Day of Judgement. In the political sense, Khalifah means that human beings would implement the will of Allah on earth as His deputy or agent. As Allah’s agent human beings will carry out the will of Allah on His behalf as a trust (Amanah). Khalifah is a trust. An agent is always expected to behave as his master wants him to behave. [B][CENTER]“Then We made you successors in the land after them so that We may observe how you will do.” (Yunus: 14) [/CENTER][/B] [B][U]iii) Legislation By Shura (Consultation):[/U][/B] Islam teaches us to run government to make decisions and legislations by the process of Shura. Shura means to take decision by consultation and participation. [B][CENTER]“And whose affair is [determined by] consultation among themselves.” (Ash-Shura: 38) [/CENTER][/B] This is one of the most important parts of the Islamic Political system. There is no scope of disposition in Islamic political system. The Quran and the Sunnah will be the basis of all legislation in Islam. [B][U]iv) Accountability Of A Government:[/U][/B] The Islamic Political System makes the ruler and the government responsible firstly to Allah and then to people. The ruler and the government will be elected by the people to exercise power on their behalf. We must remember here that both the ruler and the ruled are the Khalifah of Allah and the ruler shall have to work for the welfare of the people according to the Quran and Sunnah. A ruler is a servant of the people of Islam. Bothe the ruler and the ruled will appear before Allah and account for their actions on the Day of Judgement. The responsibility of the ruler is heavier than the ruled. An ordinary citizen in an Islamic State has the right to ask any question on any matter to the ruler and the government. [B][U]v) Independence Of Judiciary:[/U][/B] In the Islamic Political System, the judiciary is independent of the Executive. The head of the State or any government minister could be called to court if necessary. They will be treated no different from other citizens. [B][CENTER]“O you who have believed, be persistently standing firm for Allah, witnesses in justice.” (Al-Ma’ida: 8)[/CENTER][/B] [B][CENTER]“O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both.” (An-Nisa: 135) [/CENTER][/B] [B][CENTER]“Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice.” (An-Nisa: 58) [/CENTER][/B] There are many Quranic injunctions about justice. One of the main functions of the Islamic system is to ensure justice to all citizens. The ruler and the government have no right to interfere in the process of justice. [B][U]vi) Equality Before Law: [/U][/B] The Islamic Political System ensures equality of all citizens before the law. Islam does not recognize any discrimination on the basis of language, colour, territory, sex and descent. Islam recognizes the preference of one over the other only on the basis of Taqwa. One who fears Allah most is the noblest in Islam. [B][CENTER]“O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted.” (Al-Hujurat:13)[/CENTER][/B] |
@ Dear Roshan your work is perfect, but only if you add the reffernces of hadiths. tou keya baat he :-)
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[QUOTE=Roshan wadhwani;334776][B][U][CENTER][FONT="Georgia"][SIZE="6"]Political System Of Islam:[/SIZE][/FONT][/CENTER][/U][/B]
[B][U]Outline:[/U][/B] • [B]Introduction • What Is An Islamic State? • Purpose Of Islamic State: • Basis Of Political System In Islam • Main Features Of Islamic Political System i) Sovereignty Of Allah ii) Khalifah Of Mankind iii) Legislation By Shura iv) Accountability Of A Government v) Independence Of Judiciary vi) Equality Before Law[/B] [B][U]Introduction:[/U][/B] Religion and politics are one and same in Islam. They are intertwined. We already know that Islam is a complete system of life and politics is very much a part of our collective life. Just as Islam teaches us how to say[B] Salt,[/B](it must be salawat) observe Saum([B]having fast), [/B]pay Zakat and undertake Hajj, in the same way it also teaches us how to run a state, form a government, elect councillors and members of parliament, make treaties and conduct trade and business. [B][U]What Is An Islamic State?[/U][/B] The State is defined by Garner in these words, “The state, as a concept of political science and public law, is a community of persons more or less numerous and permanently occupying by a definite proportion of territory, independent, or nearly so of external control, and possessing an organized government to which the general body of inhabitants render habitual obedience.” Whereas in the Islamic State sovereignty rests with God who delegates political authority to some selected person. Here public law is the Quranic law. The Islamic State cannot frame any laws against the injunctions of the Quran and the Sunnah. Islamic State is a welfare State. [B][U]Purpose Of Islamic State:[/U][/B] The main object of the Islamic State is to promote good and stop the evils. The Muslims should be forced to act upon the injunctions of the Quran and the Sunnah. The Islamic state guides its citizens in all aspects of life including religious. It should promote good and order so that the law of justice by God must prevail everywhere. [B][U]Basis Of Political System In Islam:[/U][/B] The political system is based on two realities: i) The personal position of Allah vis-à-vis this universe, particularly men: He is not only their Creator and Supporter but also their real Master. ii) The personal position of Man: He is not only created and supported by Allah (Sustainer of all the worlds) but is also His humble slave and His vicegerent on this earth. [B][U]Principles Of Islamic Political System:[/U][/B] The Islamic Political system is based on the following principles: [B][U]i) Sovereignty Of Allah.[/U][/B] Sovereignty means source of power. In Islam, Allah is the source of all powers and laws. [B][CENTER]“Legislation is not but for Allah. He has commanded that you worship not except Him.” (Surah Yusuf: 40)[/CENTER][/B] [B][CENTER]Say, “Indeed, the matter completely belongs to Allah.”[/CENTER][/B] (Al-i-Imran: 154) It is Allah who knows what is good and what is bad for His servants. His saying is final. All human beings unitedly cannot change His laws. The Quran says: [B][CENTER]“As for the thief-male and female-chop off their hands. It is their reward of their action and exemplary punishment from Allah. Allah is Powerful, Wise.” (Al-Ma’ida: 38)[/CENTER][/B] According to Islam, this order is unchangeable by any parliament or government which claims it to be an Islamic state. There are many more laws in the Quran concerning our life and those laws must be put into practice by an Islamic state for the greater good of human beings. [B][U]ii) Khalifah Of Mankind (Vicegerency Of Man):[/U][/B] Man is the vicegerent or the agent or the representative of Allah on earth. [B][CENTER]“And it is He who has made you successors upon the earth and has raised some of you above others in degrees [of rank] that He may try you through what He has given you. Indeed, your Lord is swift in penalty; but indeed, He is Forgiving and Merciful.” (Al-An’am: 165)[/CENTER][/B] Allah is the sovereign and man is his representative. Man should do as Allah commands him to do. But he has a choice either to obey or disobey Allah and because of this freedom of choice he will be tested on the Day of Judgement. In the political sense, Khalifah means that human beings would implement the will of Allah on earth as His deputy or agent. As Allah’s agent human beings will carry out the will of Allah on His behalf as a trust (Amanah). Khalifah is a trust. An agent is always expected to behave as his master wants him to behave. [B][CENTER]“Then We made you successors in the land after them so that We may observe how you will do.” (Yunus: 14) [/CENTER][/B] [B][U]iii) Legislation By Shura (Consultation):[/U][/B] Islam teaches us to run government to make decisions and legislations by the process of Shura. Shura means to take decision by consultation and participation. [B][CENTER]“And whose affair is [determined by] consultation among themselves.” (Ash-Shura: 38) [/CENTER][/B] This is one of the most important parts of the Islamic Political system. There is no scope of disposition in Islamic political system. The Quran and the Sunnah will be the basis of all legislation in Islam. [B][U]iv) Accountability Of A Government:[/U][/B] The Islamic Political System makes the ruler and the government responsible firstly to Allah and then to people. The ruler and the government will be elected by the people to exercise power on their behalf. We must remember here that both the ruler and the ruled are the Khalifah of Allah and the ruler shall have to work for the welfare of the people according to the Quran and Sunnah. A ruler is a servant of the people of Islam. Bothe the ruler and the ruled will appear before Allah and account for their actions on the Day of Judgement. The responsibility of the ruler is heavier than the ruled. An ordinary citizen in an Islamic State has the right to ask any question on any matter to the ruler and the government. [B][U]v) Independence Of Judiciary:[/U][/B] In the Islamic Political System, the judiciary is independent of the Executive. The head of the State or any government minister could be called to court if necessary. They will be treated no different from other citizens. [B][CENTER]“O you who have believed, be persistently standing firm for Allah, witnesses in justice.” (Al-Ma’ida: 8)[/CENTER][/B] [B][CENTER]“O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both.” (An-Nisa: 135) [/CENTER][/B] [B][CENTER]“Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice.” (An-Nisa: 58) [/CENTER][/B] There are many Quranic injunctions about justice. One of the main functions of the Islamic system is to ensure justice to all citizens. The ruler and the government have no right to interfere in the process of justice. [B][U]vi) Equality Before Law: [/U][/B] The Islamic Political System ensures equality of all citizens before the law. Islam does not recognize any discrimination on the basis of language, colour, territory, sex and descent. Islam recognizes the preference of one over the other only on the basis of Taqwa. One who fears Allah most is the noblest in Islam. [B][CENTER]“O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted.” (Al-Hujurat:13)[/CENTER][/B][/QUOTE] roshan do explain following points in the same systems it will save your time 1:duties of ruler 2:- right of citizens in islamic state 3:- right of minorities has already explained in the previous page. [QUOTE=Roshan wadhwani;334062][B][U][CENTER][FONT="Georgia"][SIZE="6"]Islamic Social System:[/SIZE][/FONT][/CENTER][/U][/B] [B][U]Outline:[/U][/B] [B]• Introduction • Islamic Mode Of Life • Basis Of Islamic Society i) Equality ii) Fraternity iii) Wedding Bond iv) Welfare Environment v) Concept Of Responsibility • Rules And Regulations Of Islamic Society i) Mutual Relationship Of Members Of Family ii) Relationship iii) Mosque iv) Respected Traditions v) Education System vi) Limits And Legal Codes[/B] [B][U]Introduction:[/U][/B] Man is a social animal. His nature is always inclined to love that’s why he likes to live collectively with other people. He is helpless in this regard forever. God has given man wisdom and intellect only to live within a society. When a man is born he always looks forward to people who look after him. When he comes to an age he stands in need of necessities of life. He always remains in need of someone or something and if h is cut off from all these things he will be totally for nothing. [B][U]Islamic Mode Of Life:[/U][/B] Islam has its own stable and firm mode of life which has certain and regulations. It has full code for justice on equal lines. Society is a name of united people thus Islam never ignores the basic rights of an individual as well as of a group. Islam looks all the individuals and groups form same angle. Islam is a religion which favours the separate identity of an individual. It never considers a man only a spare of any system but considers an individual an important part of it. for the perfect training of an individual within a society Islam provides full chance to furnish his talents: The Holy Quran says; [B][CENTER]“Whoso doth good it is for his soul, and whoso doth wrong it is against it.” (Fussilat: 46)[/CENTER][/B] Islam lays great emphasis upon the acquisition of knowledge. The Holy Prophet (PBUH) was particularly taught a Quranic verse: [B][CENTER]“And Say, My Lord! Increase me in knowledge.” (Ta-Ha: 114)[/CENTER][/B] And the Holy Prophet (PBUH) himself said: [B]It is the duty of every Muslim man and woman to acquire knowledge.[/B] The acquisition of knowledge is mainly for reformation of practical life. That’s why Islam ha stressed for the quest of knowledge. Quran in this regard openly says: [B][CENTER]“And that man hath only that for which he maketh effort.” (An-Najm: 39)[/CENTER][/B] Islam sees Muslim Ummah as the central Ummah or an Ummah for God, therefore, every person is responsible for continuous struggle for the solidarity of religion and for the sacrifice of his life for the sake of the propaganda of religion. The environment of Islamic society also provides a chance for the betterment of the world hereafter. [B][U]Basis Of Islamic society: [/U][/B] [B][U]i) Equality:[/U][/B] The first and most important basis of Islamic society is that all the human beings are from same pedigree. All the mankind is the children of Adam (RA). Brotherhood, colour, countries, forefathers, language, tribes and other natural things are only for the sake of introduction with each other. But to make these differences the basis of differences between each other is totally wrong. Because Islam preaches unity and equality among the mankind at all levels. In the Quran, it is said: [B][CENTER]“O’ mankind! Lo! We have created you male and female, and have made you nations and tribes, so that ye may know one another. Lo! The noblest among you, in the sight of Allah, is the best in conduct. Lo! Is knower and Aware.” (Al-Hujurat: 13)[/CENTER][/B] [B][CENTER]ii) Fraternity:[/CENTER][/B] All the Muslims are brothers for each other. The relation due to religion is considered to be the greatest of all. Quran says: [B][CENTER]“The believers are not else brothers.” (Al-Hujurat: 10)[/CENTER][/B] At another place in the Quran it is said: [B][CENTER]“And holdfast, all of you together, to the cable of Allah, and do not separate.” (Al-Imran: 103) [/CENTER][/B] [B][U]iii) Wedding Bond:[/U][/B] Men and women are two different pillars of a society. Both have their own cult and personality. Both take part in building of social set-up. There is equality between men and women on the legal basis. Both have same rights and responsibilities in this regard. In a family structure, male is considered leader and supervisor of the affairs. Generally every man and woman is just like brother and sister and they have no right to be but wedding is the only way through which they get united and share each other’s problems. This is the very legal method by which they are valid for each other. Here they lay the basis of a separate family. [B][U]iv) Welfare Atmosphere:[/U][/B] The atmosphere of the society must be developed on the basis of welfare, cooperation, help, and share in sorrows, sacrifice and brotherhood. When the people meet they must pray for eachother’s salvation. Every man must wish for his brother hat he likes for himself. All the evils must be avoided. Cooperation must be rendered in good deeds. Quran says: [B][CENTER]“Help ye one another unto righteousness and pious duty. Help not one another unto sin and transgression.” (Al-Ma’ida: 2) [/CENTER][/B] [B][CENTER]“Be thou kind even as Allah hath been kind to thee, and seek not corruption in the earth.” (Al-Qasas: 77) [/CENTER][/B] Moreover, the Quran says: [B][CENTER]“And spy not, neither backbite one another.” (Al-Hujurat: 12)[/CENTER][/B] All these verses mean that Islam wants to make society congenial for everyone. [B][U]v) Concept Of Responsibility:[/U][/B] Islam gives the concept of fulfilling some responsibilities-to propagate good deeds, to deter evil deeds and to help each other. The Holy Prophet (PBUH) said that the man who lives among others and shows patience on the misdeeds done to him by others is better than the man who does not live among the people and is not patient over excesses done to him. After these instructions Islam has also given a system of basic human rights including rights of brothers, family members, relatives, neighbours, common men, and minorities. Even the rights of animals and plants are also determined in Islamic system. [B][U]Rules And Regulations Of Islamic Society:[/U][/B] There are some rules and regulations which Islam has authorized to develop a society of these are discussed briefly as under: [B][U]i) Mutual Relationship Of Members Of Family:[/B][/U] Family is the first and basic institution of human social training. That’s why the importance of a family in Islamic society is very great. First step of Islamic society is the formation of which is a pure and legitimate relation between a man and woman. This relation makes a unity within itself. Here a new generation comes into being with it many new relations are also generated. Finally all these relations spread over to form a complete society. [B][U]ii) Other Relations:[/U][/B] There are much more in the family stock to deal with Kith and Kin outside one’s family. Islam wants to see all these to share eachother’s sorrows and happiness. In Quran there are many places where emphasis is laid upon good behaviour towards relatives. But it does not mean that there should be encouragement against Islam and its traditions. Islam has also set hereditary rules to strengthen existing relations. [U][B]iii) Mosque:[/B][/U] Mosque is symbol of unity among Muslims and it reflects the tone of existing relations. It also works as a permanent institution for the social tis. It is only mosque which can make Islamic social plan successful. [U][B]iv) Respected Traditions:[/B][/U] In an Islamic society sacred traditions must be guarded at all costs and the policy must also be framed upon these lines because this process does not break link with its past. But it is not meant for that no new tradition will be set up. Fast changes in routine life automatically change the boring old traditions. There is no need of change via revolution or revolt. [U][B]v) Education System:[/B][/U] The real reformation of an Islamic society is only possible through its education policy. Because to transfer one’s traditions and knowledge one must ponder over the faults of one’s education policy. Education is also one of the greatest pillars of Islamic society. [U][B]vi) Limits And Legal Codes:[/B][/U] There are many ways to cope with the evils and sins of any society but rules and regulation to curb evil-doers are also must. Islam also has such system with proper rules and regulations. These rules are made to save the citizens from evil-doers and sinners. Islam has set particular penalties and punishments to deal bad elements with an iron hand. No one is greater or smaller in the eyes of Islamic law. The Holy Prophet once said, [B][CENTER]“If my daughter steals something, by God I will cut her hands too.”[/CENTER][/B][/QUOTE] roshan in Rules and Regulations of islamic soceity you didn`t explain in detail how they are helpful in mentaining social order. |
[QUOTE=SYEDA SABAHAT;334992]roshan do explain following points in the same systems it will save your time
1:duties of ruler 2:- right of citizens in islamic state 3:- right of minorities has already explained in the previous page.[/QUOTE] [QUOTE=SYEDA SABAHAT;334998]roshan in Rules and Regulations of islamic soceity you didn`t explain in detail how they are helpful in mentaining social order.[/QUOTE] [B]thanx alot dear Syeda Sabahat.:)).ya i'll add these points in related topics.....if you have material in soft copy related to these topics do share with me here or send me on my id so as i cud enrich these notes furhter...i'l be always indebted to you.:))[/B] |
[B][U] Rights Of The Citizens In An Islamic State[/U][/B]
[B]1. The Security of Life and Property[/B] In the address which the Prophet delivered on the occasion of the Farewell Hajj, he said:[B] "Your lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection."[/B] God Almighty has laid down in the Holy Quran: "[B]Anyone who kills a believer deliberately will receive as his reward (a sentence) to live in Hell for ever. God will be angry with him and curse him, and prepare dreadful torment for him" (4:93).[/B] The Prophet has also said about the dhimmis (the non-Muslim citizens of the Muslim State): [B]"One who kills a man under covenant (i.e. a dhimmi) will not even smell the fragrance of Paradise" (al-Bukhari and Abu Dawud). [/B] Islam prohibits homicide but allows only one exception, that the killing is done in the due process of law which the Quran refers to as bi al-haqq (with the truth). Therefore a man can be killed only when the law demands it, and it is obvious that only a court of law can decide whether the execution is being carried out with justice or without justification. In case of war or insurrection a just and righteous government alone, which follows the Shari'ah or the Islamic Law, can decide whether a war is just or unjust, whether taking of a life is justified or not; and whether a person is a rebel or not and who can be sentenced to death as a punishment. These weighty decisions cannot be left in the hands of a court which has become heedless to God and is under the influence of the administra- tion. A judiciary like this may miscarry justice. Nor can the crimes of state be justified on the authority of the Holy Quran or Traditions (hadith) when the state murders its citizens openly and secretly without any hesitation or on the slightest pretext, because they are opposed to its unjust policies and actions or criticize it for its misdeed, and also provides protection to its hired assassins who have been guilty of the heinous crime of murder of an innocent person resulting in the fact, that neither the police take any action against such criminals nor can any proof or witnesses against these criminals be produced in the courts of law. The very existence of such a government is a crime and none of the killings carried out by them can be called[B] "execution for the sake of justice"[/B] in the phraseology of the Holy Quran. Along with security of life, Islam has with equal clarity and definiteness conferred the right of security of ownership of property, as mentioned earlier with reference to the address of the Farewell Hajj. On the other hand, the Holy Quran goes so far as to declare that the taking of people's possessions or property is completely prohibited unless they are acquired by lawful means as permitted in the Laws of God. The Law of God categorically declares [B]"Do not devour one another's wealth by false and illegal means" (2:188). [/B] [B]2. The Protection of Honour[/B] The second important right is the right of the citizens to the protection of their honour. In the address delivered on the occasion of the Farewell Hajj, to which I have referred earlier, the Prophet did not only prohibit the life and property of the Muslims to one another, but also any encroachment upon their honour, respect and chastity were forbidden to one another. [B]The Holy Quran clearly lays down: (a) "You who believe, do not let one (set of) people make fun of another set. (b) Do not defame one another. (c) Do not insult by using nicknames. (d) And do not backbite or speak ill of one another" (49:11-12). [/B] This is the law of Islam for the protection of honour which is indeed much superior to and better than the Western Law of Defama- tion. According to the Islamic Law if it is proved that someone has attacked the honour of another person, then irrespective of the fact whether or not the victim is able to prove himself a respectable and honourable person the culprit will in any case get his due punishment. But the interesting fact about the Western Law of Defamation is that the person who files suit for defamation has first to prove that he is a man of honour and public esteem and during the interrogation he is subjected to the scurrilous attacks, accusations and innuendoes of the defence council to such an extent that he earns more disgrace than the attack on his reputation against which he had knocked the door of the court of law. On top of it he has also to produce such witnesses as would testify in the court that due to the defamatory accusations of the culprit, the accused stands disgraced in their eyes. Good Gracious! what a subtle point of law, and what an adherence to the spirit of Law! How can this unfair and unjust law be compared to the Divine law? Islam declared blasphemy as a crime irrespective of the fact whether the accused is a man of honour or not, and whether the words used for blasphemy have actually disgraced the victim and harmed his reputation in the eyes of the public or not. According to the Islamic Law the mere proof of the fact that the accused said things which according to common sense could have damaged the reputation and honour of the plaintiff, is enough for the accused to be declared guilty of defamation. [B]3. The Sanctity and Security of Private Life[/B] Islam recognizes the right of every citizen of its state that there should be no undue interference or encroachment on the privacy of his life. [B]The Holy Quran has laid down the injunction: "Do not spy on one another" (49:12). "Do not enter any houses except your own homes unless you are sure of their occupants' consent" (24:27). [/B] The Prophet has gone to the extent of instructing his followers that a man should not enter even his own house suddenly or surreptitiously. He should somehow or other inform or indicate to the dwellers of the house that he is entering the house, so that he may not see his mother, sister or daughter in a condition in which they would not like to be seen, nor would he himself like to see them in that condition. Peering into the houses of other people has also been strictly prohibited, so much so that there is the saying of the Prophet that if a man finds another person secretly peering into his house, and he blinds his eye or eyes as a punishment then he cannot be called to question nor will he be liable to prosecution. The Prophet has even prohibited people from reading the letters of others, so much so that if a man is reading his letter and another man casts sidelong glances at it and tries to read it, his conduct becomes reprehensible. This is the sanctity of privacy that Islam grants to individuals. On the other hand in the modern civilized world we find that not only the letters of other people are read and their correspondence censored, but even their photostat copies are retained for future use or blackmail. Even bugging devices are secretly fixed in the houses of the people so that one can hear and tape from a distance the conversation taking place behind closed doors. In other words it means that there is no such thing as privacy and to all practical purposes the private life of an individual does not exist. This espionage on the life of the individual cannot be justified on moral grounds by the government saying that it is necessary to know the secrets of the dangerous persons. Though, to all intents and purposes, the basis of this policy is the fear and suspicion with which modern governments look at their citizens who are intelligent and dissatisfied with the official policies of the government. This is exactly what Islam has called as the root cause of mischief in politics. [B]The injunction of the Prophet is: "When the ruler begins to search for the causes of dissatisfaction amongst his people, he spoils them" (Abu Dawud).[/B] The Amir Mu'awiyah has said that he himself heard the Prophet saying: [B]"If you try to find out the secrets of the people, then you will definitely spoil them or at least you will bring them to the verge of ruin." [/B]The meaning of the phrase 'spoil them' is that when spies (C.I.D. or F.B.I.agents) are spread all around the country to find out the affairs of men, then the people begin to look at one another with suspicion, so much so that people are afraid of talking freely in their houses lest some word should escape from the lips of their wives and children which may put them in embarrassing situations. In this manner it becomes difficult for a common citizen to speak freely, even in his own house and society begins to suffer from a state of general distrust and suspicion. [B]4. The Security of Personal Freedom[/B] Islam has also laid down the principle that no citizen can be imprisoned unless his guilt has been proved in an open court. To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reason- able opportunity to produce his defence is not permissible in Islam. [B] It is related in the hadith that once the Prophet was delivering a lecture in the mosque, when a man rose during the lecture and said: "O Prophet of God, for what crime have my neighbours been arrested?" The Prophet heard the question and continued his speech. The man rose once again and repeated the same question. The Prophet again did not answer and continued his speech. The man rose for a third time and repeated the same question. Then the Prophet ordered that the man's neighbours be released. The reason why the Prophet had kept quiet when the question was repeated twice earlier was that the police officer was present in the mosque and if there were proper reasons for the arrest of the neighbours of this man, he would have got up to explain his position. Since the police officer gave no reasons for these arrests the Prophet ordered that the arrested persons should be released. The police officer was aware of the Islamic law and therefore he did not get up to say: "the administration is aware of the charges against the arrested men, but they cannot be disclosed in public. If the Prophet would inquire about their guilt in camera I would enlighten him." [/B] [B]If the police officer had made such a statement, he would have been dis- missed then and there. The fact that the police officer did not give any reasons for the arrests in the open court was sufficient reason for the Prophet to give immediate orders for the release of the arrested me[/B]n. The injunction of the Holy Quran is very clear on this point. [B]"When- ever you judge between people, you should judge with (a sense of) justice" (4:58). [/B] And the Prophet has also been asked by God: [B]"I have been ordered to dispense justice between you."[/B] This was the reason why the Caliph 'Umar said: [B]"In Islam no one can be imprisoned except in pursuance of justice." [/B] The words used here clearly indicate that justice means due process of law. What has been prohibited and condemned is that a man be arrested and imprisoned without proof of his guilt in an open court and without providing him an opportunity to defend himself against those charges. If the Government suspects that a particular individual has committed a crime or he is likely to commit an offence in the near future then they should give reasons for their suspicion before a court of law and the culprit or the suspect should be allowed to produce his defence in an open court, so that the court may decide whether the suspicion against him is based on sound grounds or not and if there is good reason for suspicion, then he should be informed of how long he will be in preventive detention. This decision should be taken under all circumstances in an open court, so that the public may hear the charges brought by the government, as well as the defence made by the accused and see that the due process of law is being applied to him and he is not being victimized. The correct method of dealing with such cases in Islam is exemplified in the famous decision of the Prophet which took place before the conquest of Makkah. The Prophet was making preparations for the attack on Makkah, when one of his Companions, Hatib ibn Abi Balta'ah sent a letter through a woman to the authorities in Makkah informing them about the impending attack. The Prophet came to know of this through a Divine inspiration. He ordered 'Ali and Zubayr: "Go quickly on the route to Makkah, at such and such a place, you will find a woman carrying a letter. Recover the letter from her and bring it to me." So they went and found the woman exactly where the Prophet had said. They recovered the letter from her and brought it to the Prophet. This was indeed a clear case of treachery. To inform the enemy about a secret of an army and that too at the time of a war is a very serious offence tantamount to treachery. In fact one cannot think of a more serious crime during war than giving out a military secret to one's enemy. What could have been a more suitable case for a secret hearing; a military secret had been betrayed and common sense demanded that he should be tried in camera. But the Prophet summoned Hatib to the open court of the Mosque of the Prophet and in the presence of hundreds of people asked him to explain his position with regard to his letter addressed to the leaders of Quraysh which had been intercepted on its way. The accused said: "O God's Messenger (may God's blessings be on you) I have not revolted against Islam, nor have I done this with the intention of betraying a military secret. The truth of the matter is that my wife and children are living in Makkah and I do not have my tribe to protect them there. I had written this letter so that the leaders of Quraysh may be indebted to me and may protect my wife and children out of gratitude." 'Umar rose and respect- fully submitted: "O Prophet, please permit me to put this traitor to the sword." The Prophet replied: "He is one of those people who had participated in the Battle of Badr, and the explanation he has advanced in his defence would seem to be correct." Let us look at this decision of the Prophet in perspective. It was a clear case of treachery and betrayal of military secrets. But the Prophet acquitted Hatib on two counts. Firstly, that his past records were very clean and showed that he could not have betrayed the cause of Islam, since on the occasion of the Battle of Badr when there were heavy odds against the Muslims, he had risked his life for them. Secondly, his family was in fact in danger at Makkah. Therefore, if he had shown some human weakness for his children and written this letter, then this punishment was quite sufficient for him that his secret offence was divulged in public and he had been disgraced and humiliated in the eyes of the believers. God has referred to this offence of Hatib in the Holy Quran but did not propose any punishment for him except rebuke and admonition. The attitude and activities of the Kharijis in the days of the Caliph 'Ali are well-known to the students of Muslim history. They used to abuse the Caliph openly, and threaten him with murder. But whenever they were arrested for these offences, 'Ali would set them free and tell his officers "As long as they do not actually perpetrate offences against the State, the mere use of abusive language or the threat of use of force are not such offences for which they can be imprisoned." The imam Abu Hanifah has recorded the following saying of the Caliph 'Ali (A): "As long as they do not set out on armed rebellion, the Caliph of the Faithful will not interfere with them." On another occasion 'Ali was delivering a lecture in the mosque when the Kharijis raised their special slogan there. 'Ali said: "We will not deny you the right to come to the mosques to worship God, nor will we stop to give your share from the wealth of the State, as long as you are with us (and support us in our wars with the unbelievers) and we shall never take military action against you as long as you do not fight with us." One can visualize the opposition which 'Ali was facing; more violent and vituperative opposition cannot even be imagined in a present-day democratic State; but the freedom that he had allowed to the opposi- tion was such that no government has ever been able to give to its opposition. He did not arrest even those who threatened him with murder nor did he imprison them. [B]5. The Right to Protest Against Tyranny[/B] Amongst the rights that Islam has conferred on human beings is the right to protest against government's tyranny. Referring to it the Quran says: [B]"God does not love evil talk in public unless it is by some- one who has been injured thereby" (4:148).[/B] This means that God strongly disapproves of abusive language or strong words of condemna- tion, but the person who has been the victim of injustice or tyranny, God gives him the right to openly protest against the injury that has been done to him. This right is not limited only to individuals. The words of the verse are general. Therefore if an individual or a group of people or a party usurps power, and after assuming the reins of authority begins to tyrannize individuals or groups of men or the entire population of the country, then to raise the voice of protest against it openly is the God-given right of man and no one has the authority to usurp or deny this right. If anyone tries to usurp this right of citizens then he rebels against God. The talisman of Section 1444 may protect such a tyrant in this world, but it cannot save him from the hell-fire in the Hereafter. [B]6. Freedom of Expression[/B] Islam gives the right of freedom of thought and expression to all citizens of the Islamic State on the condition that it should be used for the propagation of virtue and truth and not for spreading evil and wickedness. This Islamic concept of freedom of expression is much superior to the concept prevalent in the West. Under no circumstances would Islam allow evil and wickedness to be propagated. It also does not give anybody the right to use abusive or offensive language in the name of criticism. The right to freedom of expression for the sake of propagating virtue and righteousness is not only a right in Islam but an obligation. One who tries to deny this right to his people is openly at war with God, the All-Powerful. And the same thing applies to the attempt to stop people from evil. Whether this evil is perpetrated by an individual or by a group of people or the government of one's own country, or the government of some other country; it is the right of a Muslim and it is also his obligation that he should warn and reprimand the evil-doer and try to stop him from doing it. Over and above, he should openly and publicly condemn it and show the course of righteousness which that individual, nation or government should adopt. The Holy Quran has described this quality of the Faithful in the following words: [B]"They enjoin what is proper and forbid what is improper" (9:71).[/B] In contrast, describing the qualities of a hypocrite, the Quran mentions: [B]"They bid what is improper and forbid what is proper" (9:67). [/B]The main purpose of an Islamic Government has been defined by God in the Quran as follows: [B]"If we give authority to these men on earth they will keep up prayers, and offer poor-due, bid what is proper and forbid what is improper" (22:41). [/B] [B]The Prophet has said: "If any one of you comes across an evil, he should try to stop it with his hand (using force), if he is not in a position to stop it with his hand then he should try to stop it by means of his tongue (meaning he should speak against it). If he is not even able to use his tongue then he should at least condemn it in his heart. This is the weakest degree of faith" (Muslim).[/B] This obligation of inviting people to righteousness and forbidding them to adopt the paths of evil is incumbent on all true Muslims. If any government deprives its citizens of this right, and prevents them from performing this duty, then it is in direct conflict with the injunction of God. The government is not in conflict with its people, but is in conflict with God. In this way it is at war with God and is trying to usurp that right of its people which God has conferred not only as a right but as an obligation. As far as the government which itself propagates evil, wickedness and obscenity and interferes with those who are inviting people to virtue and righteousness is concerned, according to the Holy Quran it is the government of the hypocrites. [B]7. Freedom of Association[/B] Islam has also given people the right to freedom of association and formation of parties or organizations. This right is also subject to certain general rules. It should be exercised for propagating virtue and righteousness and should never be used for spreading evil and mischief. We have not only been given this right for spreading righteousness and virtue, but have been ordered to exercise this right. [B]Addressing the Muslims, the Holy Quran declares: You are the best community which has been brought forth for mankind. You command what is proper and forbid what is improper and you believe in God ... (3:110) [/B] This means that it is the obligation and duty of the entire Muslim community that it should invite and enjoin people to righteousness and virtue and forbid them from doing evil. [B]If the entire Muslim community is not able to perform this duty then "let there be a community among you who will invite (people) to (do) good, command what is proper and forbid what is improper, those will be prosperous" (3:104). [/B] This clearly indicates that if the entire Muslim nation collectively begins to neglect its obligation to invite people to goodness and forbid them from doing evil then it is absolutely essential that it should contain at least a group of people which may perform this obligation. As has been said before this is not only a right but an obligation and on the fulfilment of which depends success and prosperity here as well as in the Hereafter. It is an irony with the religion of God that in a Muslim country the assembly and association that is formed for the purposes of spreading evil and mischief should have the right to rule over the country and the association and party which has been formed for propagating righteous- ness and virtue should live in perpetual fear of harassment and of being declared illegal. Conditions here are just the reverse of what has been prescribed by God. The claim is that we are Muslims and this is an Islamic State5 but the work that is being done is directed to spreading evil, to corrupt and morally degrade and debase the people while there is an active and effective check on the work being carried out for reforming society and inviting people to righteousness. Moreover the life of those who are engaged in spreading righteousness and checking the spread of evil and wickedness is made intolerable and hard to bear. [B]8. Freedom of Conscience and Conviction[/B] Islam also gives the right to freedom of conscience and conviction to its citizens in an Islamic State. [B]The Holy Quran has laid down the injunction: "There should be no coercion in the matter of faith" (2:256).[/B] Though there is no truth and virtue greater than the religion of Truth-Islam, and Muslims are enjoined to invite people to embrace Islam and advance arguments in favour of it, they are not asked to enforce this faith on them. No force will be applied in order to compel them to accept Islam. Whoever accepts it he does so by his own choice. Muslims will welcome such a convert to Islam with open arms and admit him to their community with equal rights and privileges. But if somebody does not accept Islam, Muslims will have to recognize and respect his decision, and no moral, social or political pressure will be put on him to change his mind. [B]9. Protection of Religious Sentiments[/B] Along with the freedom of conviction and freedom of conscience, Islam has given the right to the individual that his religious sentiments will be given due respect and nothing will be said or done which may encroach upon this right. [B]It has been ordained by God in the Holy Quran: "Do not abuse those they appeal to instead of God" (6:108). [/B] These instructions are not only limited to idols and deities, but they also apply to the leaders or national heroes of the people. If a group of people holds a conviction which according to you is wrong, and holds certain persons in high esteem which according to you is not deserved by them, then it will not be justified in Islam that you use abusive language for them and thus injure their feelings. [B]Islam does not prohibit people from holding debate and discussion on religious matters, but it wants that these discussions should be conducted in decency. "Do not argue with the people of the Book unless it is in the politest manner" (29:46)-says the Quran.[/B] This order is not merely limited to the people of the Scriptures, but applies with equal force to those following other faiths. [B]10. Protection from Arbitrary Imprisonment[/B] Islam also recognizes the right of the individual that he will not be arrested or imprisoned for the offences of others. [B]The Holy Quran has laid down this principle clearly: "No bearer of burdens shall be made to bear the burden of another" (6:164).[/B] Islam believes in personal responsibility. We ourselves are responsible for our acts, and the consequence of our actions cannot be transferred to someone else. In other words this means that every man is responsible for his actions. If another man has not shared this action then he cannot be held responsible for it, nor can he be arrested. It is a matter of great regret and shame that we are seeing this just and equitable principle which has not been framed by any human being, but by the Creator and Nourish- er of the entire universe, being flouted and violated before our eyes. So much so that a man is guilty of a crime or he is a suspect, but his wife being arrested for his crime. Things have gone so far that innocent people are being punished for the crimes of others. To give a recent example, in Karachi (Pakistan), a man was suspected of being involved in a bomb throwing incident. In the course of police investigation he was subjected to horrible torture in order to extract a confession from him. When he insisted on his innocence, then the police arrested his mother, his wife, daughter and sister and brought them to the police station. They were all stripped naked in his presence and he was stripped naked of all his clothes before their eyes so that a confession of the crime could be extracted from him. It appears as if for the sake of investigation of crime it has become proper and legal in our country to strip the innocent women folk of the household in order to bring pressure on the suspect. This is indeed very outrageous and shameful. This is the height of meanness and depravity. This is not a mere hearsay which I am repeating here, but I have full information about this case and can prove my allegations in any court of law. I would here like to ask what right such tyrants who perpetrate these crimes against mankind have to tell us that they are Muslims or that they are conduct- ing the affairs of the state according to the teachings of Islam and their state is an Islamic State. They are breaching and flouting a clear law of the Holy Quran. They are stripping men and women naked which is strictly forbidden in Islam. They disgrace and humiliate humanity and then they claim that they are Muslims. [B]11. The Right to Basic Necessities of Life[/B] Islam has recognized the right of the needy people that help and assistance will be provided for them. [B]"And in their wealth there is acknowledged right for the needy and the destitute" (51:19).[/B] In this verse, the Quran has not only conferred a right on every man who asks for assistance in the wealth of the Muslims, but has also laid down that if a Muslim comes to know that a certain man is without the basic necessities of life, then irrespective of the fact whether he asks for assistance or not, it is his duty to reach him and give all the help that he can extend. For this purpose Islam has not depended only on the help and charity that is given voluntarily, but has made compulsory charity, zakat as the third pillar of Islam, next only to profession of faith and worship of God through holding regular prayers. [B] The Prophet has clearly instructed in this respect that: "It will be taken from their rich and given to those in the community in need" (al-Bukhari and Muslim).[/B] In addition to this, it has also been declared that the Islamic State should support those who have nobody to support them.[B] The Prophet has said: "The Head of state is the guardian of him, who has nobody to support him" (Abu Dawud, al-Tirmidhi).[/B] The word wali which has been used by the Prophet is a very comprehensive word and has a wide range of meanings. If there is an orphan or an aged man, if there is a crippled or unemployed person, if one is invalid or poor and has no one else to support him or help him, then it is the duty and the responsibility of the state to support and assist him. If a dead man has no guardian or heir, then it is the duty of the state to arrange for his proper burial. In short the state has been entrusted with the duty and responsibility of looking after all those who need help and assistance. A truly Islamic State is therefore a truly welfare state which will be the guardian and protector of all those in need. [B]12. Equality Before Law[/B] Islam gives its citizens the right to absolute and complete equality in the eyes of the law. As far as the Muslims are concerned, there are clear instructions in the Holy Quran and hadith that in their rights and obligations they are all equal:[B] "The believers are brothers (to each other)" (49:10). "If they (disbelievers) repent and keep up prayer and pay the Ipoor-due, they are your brothers in faith" (9:11). [/B] [B]The Prophet has said that: "The life and blood of Muslims are equally precious" (Abu Dawud; Ibn Majjah).[/B] [B]In another hadith he has said: "The protection given by all Muslims is equal. Even an ordinary man of them can grant protection to any man" (al-Bukhari; Muslim; Abu Dawud)[/B]. In another more detailed Tradition of the Prophet, it has been said that those who accept the Oneness of God, believe in the Prophet- hood of His Messenger, give up primitive prejudices and join the Muslim community and brotherhood, [B]"then they have the same rights and obligations as other Muslims have" (al-Bukhari; al-Nisa'i).[/B] Thus there is absolute equality between the new converts to Islam and the old followers of the Faith. This religious brotherhood and the uniformity of their rights and obligations is the foundation of equality in Islamic society, in which the rights and obligations of any person are neither greater nor lesser in any way than the rights and obligations of other people. As far as the non- Muslim citizens of the Islamic State are concerned, the rule of Islamic Shari'ah (law) about them has been very well expressed by the Caliph 'Ali in these words: [B]"They have accepted our protection only because their lives may be like our lives and their properties like our properties" (Abu Dawud).[/B] [B]In other words, their (of the dhimmis) lives and properties are as sacred as the lives and properties of the Muslims. Discrimination of people into different classes was one of the greatest crimes that, according to the Quran, Pharaoh used to indulge in: "He had divided his people into different classes," ... "And he suppressed one group of them (at the cost of others)" (28:4). [/B] [B]13. Rulers Not Above the Law[/B] Islam clearly insists and demands that all officials of the Islamic State, whether he be the head or an ordinary employee, are equal in the eyes of the law. None of them is above the law or can claim immunity. Even an ordinary citizen in Islam has the right to put forward a claim or file a legal complaint against the highest executive of the country. [B]The Caliph 'Umar said, "I have myself seen the Prophet, may God's blessings be on him, taking revenge against himself (penalizing himself for some shortcoming or failing)." [/B] [B]On the occasion of the Battle of Badr, when the Prophet was straightening the rows of the Muslim army he hit the belly of a soldier in an attempt to push him back in line. The soldier complained "O Prophet, you have hurt me with your stick." The Prophet immediately bared his belly and said: "I am very sorry, you can revenge by doing the same to me." The soldier came forward and kissed the abdomen of the Prophet and said that this was all that he wanted. [/B] [B]A woman belonging to a high and noble family was arrested in connection with a theft. The case was brought to the Prophet, and it was recommended that she may be spared the punishment of theft. The Prophet replied: "The nations that lived before you were destroyed by God because they punished the common men for their offences and let their dignitaries go unpunished for their crimes; I swear by Him (God) who holds my life in His hand that even if Fatimah, the daughter of Muhammad, has committed this crime then I would have amputated her hand."[/B] [B]During the caliphate of 'Umar, Muhammad the son of 'Amr ibn al-'As the Governor of Egypt, whipped an Egyptian. The Egyptian went to Medina and lodged his complaint with the Righteous Caliph, who immediately summoned the Governor and his son to Medina. When they appeared before him in Medina, the Caliph handed a whip to the Egyptian complainant and asked him to whip the son of the Governor in his presence. After taking his revenge when the Egyptian was about to hand over the whip to 'Umar, he said to the Egyptian: "Give one stroke of the whip to the Honourable Governor as well. His son would certainly have not beaten you were it not for the false pride that he had in his father's high office." The plaintiff submitted: "The person who had beaten me, I have already avenged myself on him." [/B] [B]'Umar said: "By God, if you had beaten him (the Governor) I would not have checked you from doing so. You have spared him of your own free will." Then he ('Umar) angrily turned to 'Amr ibn al-'As and said: "O 'Amr, when did you start to enslave the people, though they were born free of their mothers?" [/B] When the Islamic State was flourishing in its pristine glory and splendour, the common people could equally lodge complaints against the caliph of the time in the court and the caliph had to appear before the qadi to answer the charges. And if the caliph had any complaint against any citizen, he could not use his administrative powers and authority to set the matter right, but had to refer the case to the court of law for proper adjudication. [B]14. The Right to Avoid Sin[/B] Islam also confers this right on every citizen that he will not be ordered to commit a sin, a crime or an offence; and if any govern- ment, or the administrator, or the head of department orders an individual to do a wrong, then he has the right to refuse to comply with the order. His refusal to carry out such crime or unjust instructions would not be regarded as an offence in the eyes of the Islamic law. On the contrary giving orders to one's subordinates to commit a sin or do a wrong is itself an offence and such a serious offence that the officer who gives this sinful order whatever his rank and position may be, is liable to be summarily dismissed. These clear instructions of the Prophet are summarized in the following hadith: [B]"It is not permissible to dis- obey God in obedience to the orders of any human being" (Musnad of Ibn Hanbal).[/B] In other words, no one has the right to order his subordinates to do anything against the laws of God. If such an order is given, the subordinate has the right to ignore it or openly refuse to carry out such instructions. According to this rule no offender will be able to prove his innocence or escape punishment by saying that this offence was committed on the orders of the government or superior officers. If such a situation arises then the person who commits the offence and the person who orders that such an offence be committed, will both be liable to face criminal proceedings against them. And if an officer takes any improper and unjust measures against a subordinate who refuses to carry out illegal orders, then the subordinate has the right to go to the court of law for the protection of his rights, and he can demand that the officer be punished for his wrong or unjust orders. [B]15. The Right to Participate in the Affairs of State[/B] According to Islam, governments in this world are actually representatives (khulafa') of the Creator of the universe, and this responsibility is not entrusted to any individual or family or a particular class or group of people but to the entire Muslim nation. [B]The Holy Quran says: "God has promised to appoint those of you who believe and do good deeds as (His) representatives on earth" (24:55). [/B] This clearly indicates that khilafah is a collective gift of God in which the right of every individual Muslim is neither more nor less than the right of any other person. The correct method recommended by the Holy Quran for running the affairs of the state is as follows: [B]"And their business is (conducted) through consultation among themselves" (42:38).[/B] According to this principle it is the right of every Muslim that either he should have a direct say in the affairs of the state or a representative chosen by him and other Muslims should participate in the consultation of the state. Islam, under no circumstance, permits or tolerates that an individual or a group or party of individuals may deprive the common Muslims of their rights, and usurp powers of the state. Similarly, Islam does not regard it right and proper that an individual may put up a false show of setting up a legislative assembly and by means of underhand tactics such as fraud, persecution, bribery, etc., gets himself and men of his choice elected in the assembly. This is not only a treachery against the people whose rights are usurped by illegal and unfair means, but against the Creator Who has entrusted the Muslims to rule on this earth on His behalf, and has prescribed the pro- cedure of an assembly for exercising these powers. The shura or the legislative assembly has no other meaning except that: (1) The executive head of the government and the members of the assembly should be elected by free and independent choice of the people. (2) The people and their representatives should have the right to criticize and freely express their opinions. (3) The real conditions of the country should be brought before the people without suppressing any fact so that they may be able to form their opinion about whether the government is working properly or not. (4) There should be adequate guarantee that only those people who have the support of the masses should rule over the country and those who fail to win this support should be removed from their position of authority. [B]Reference: HUMAN RIGHTS IN ISLAM by 'Allamah Abu al-'A'la Mawdudi al Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407 [/B] i will post rest of the topics step by step,i hope roshan it might help you alot. regards sabahat |
[CENTER][B][U][FONT="Georgia"][SIZE="6"]Islamic concept of charity[/SIZE][/FONT][/U][/B][/CENTER]
[B][U][CENTER]By Bilal Ahmed Malik[/CENTER][/U][/B] POVERTY next to sickness is the biggest threat to humankind. Extreme poverty has existed everywhere in the world during various stages of history, and still continues to exist in many parts of the world. Islam as the last of the Divine messages of Allah has also taken a very comprehensive view of poverty, and the Quran and Sunnah have recommended numerous measures to alleviate its pain and anguish in a society. Islam encourages its followers to spend money for Allah’s Sake whenever they are capable of doing so, and it stresses on the great virtues of giving a charity. Thus, of all Islamic virtues emphasised in the Quran, charity is perhaps the one mentioned most frequently. The Holy Book repeatedly enjoins upon Muslims to give generously to the poor, so that inequality of wealth is somewhat eliminated. The Quran states that for Muslims, Prayer and Zakat are of comparable significance. That is why the two are often mentioned side by side. There are innumerable verses in the Quran which urge Muslims to be mindful of the poor, helpless and needy. These verses leave no doubt about the importance of Zakat and Sadaqa for the legal, moral and economic betterment of the Muslim Ummah. The following are some verses of the Quran that deal with this issue. [B][CENTER]“Establish worship, pay the poor due, and bow your heads with those who bow”(Quran2:43). [/CENTER][/B] [B][CENTER]Pay the poor due, and hold fast to Allah. He is your Protecting Friend. A blessed Patron and a blessed Helper! (Quran 22:78).[/CENTER][/B] In the following verses, those who spend freely in Allah’s cause are being praised by Him. [B][CENTER]“The steadfast, and the truthful, and the obedient, those who spend and (hoard not), those who pray for pardon in the watches of the night”. (Quran 3:17). [/CENTER][/B] The following people are yet again mentioned by Allah, as being righteous: [B][CENTER]“Such as persevere in seeking their Lord’s countenance and are regular in prayer and spend of that which We bestow upon them secretly and openly, and overcome evil with good. Theirs will be the sequel of the (heavenly) Home.(Quran 13:22).[/CENTER][/B] While putting emphasis on charity the Quran further specifies the categories of people who are to be considered appropriate recipients of generosity. Following are some verses that explain this point further: [B][CENTER] “They ask thee (O Mohammad) what they shall spend. Say: That which ye spend for good (must go) to parents and near kindred and orphans and the needy and the wayfarer. And whatsoever good ye do, lo! Allah is aware of it.(Quran 2 :215). [/CENTER][/B] [B][CENTER](“Alms are) for the poor who are straightened for the cause of Allah, who cannot travel in the land (for trade). The unthinking man accounteth them wealthy because of their restraint. Thou shall know them by their mark: They do not beg of men with importunity. And whatsoever good thing ye spend, lo! Allah knoweth it.” (Quran2;273). [/CENTER][/B] In the above mentioned verse the Quran states that “Charity is for those in need.” This is general principle which enjoins us to help people in need, be they good or bad, on the right path or not, Muslims or non-Muslims. We are not supposed to judge in these matters. The ends in charity, as reiterated here, should be God’s pleasure and our own spiritual good. This verse in the first instance was revealed in Madina, but it is of general applications. The concept of charity in Islam is thus linked with justice. It is not limited to the redressal of grievances. It implies apart from the removal of handicaps, the recognition of the right that every human being has to attain the fullness of life. In the verse below, the Quran clearly specifies the amount that is to be spent in charity and almsgiving. [B][CENTER]“And they ask thee what they ought to spend. Say: that which is superfluous. [/CENTER][/B] [B][CENTER]Thus Allah maketh plain to you (His) revelations, that haply ye may reflect “(Quran 2:219) [/CENTER][/B] Allah provides incentives to people by promising them great rewards, so as to encourage them to practice charity. [B][CENTER]“Who is it that will lend unto Allah a goodly loan, so that He may give it increase manifold? Allah straiteneth and enlargeth, Unto him ye will return.”(Quran 2 :245)[/CENTER][/B] There are certain parameters and ethical boundaries set by the Quran that a person must not cross while practising charity. The act of charity must be accompanied by humility and must not be executed as a favour to the one receiving it. The following verses elucidate this point. [B][CENTER]“O ye who believe! Render not vain your almsgiving by reproach and injury, like him who spendeth his wealth only to be seen by men and believeth not in Allah and the Last Day. [/CENTER][/B] [B][CENTER]“His likeness is as the likeness of a rock wheron is dust of earth; a rainstorm smiteth it, leaving it smooth and bare. They have no control of aught of that which they have gained. Allah guideth not the disbelieving folk.” (Quran 2:262, 263, 264.)[/CENTER][/B] The Quran also brings to light the importance of spending only that which is good, towards a charitable cause. Most individuals give away in charity only items which they deem not fit for their own use. Allah warns against this attitude. [B][CENTER]“O ye who believe. Spend of the good things which ye have earned, and of that which we bring forth from the earth for you, and seek not the bad (with intent) to spend thereof (in charity) when you would not take it for yourselves save with disdain; and know that Allah is Absolute Owner of Praise.” (Quran 2:267).[/CENTER][/B] [B][CENTER]“Ye will not attain unto piety until ye spend of that which ye love. And whatsoever ye spend, Allah is aware thereof.”(Quran.3: 92) [/CENTER][/B] The Quran also recommends that charity be given privately, not only to prevent engendering arrogance on the part of the person giving alms, but also to preserve the interest of the receiver, as it might cause the latter embarrassment. [B][CENTER]“If ye publish your almsgiving, it is well, but if ye hide it and give it to the poor, it will be better for you, and will atone for some of your ill-deeds. Allah is informed of what ye do.”(Quran 2:271) [/CENTER][/B] The Quran in above mentioned verse, warns us against spending “to be seen of men”. This is false charity. Alms-giving with this motive is worse than not giving away anything at all. Allah also urges creditors to forego their debts as almsgiving, if the borrowers are experiencing hardship. This is indicated by the following verses: [B][CENTER]“And if the debtor is in straightened circumstances, then (let there be) postponement to (the time of) ease;. and that which ye remit the debt as almsgiving would be better for you if ye did but know.”(Quran 2: 280). [/CENTER][/B] Charity is a virtue that the Quran urges Muslims to display in times of abundance as well as in times of adversity. The following verse illustrates this further: [B][CENTER]“Those who spend (of that which Allah hath given them) in ease and in adversity, those who control their wrath and are forgiving toward mankind;Allah loveth the good”(Quran 3:134).[/CENTER][/B] Last but not least; Muslims are urged not to let anything distract them from the remembrance of Allah, the performance of Salat and the paying of Alms. [B][CENTER]“Men whom neither merchandise nor sale beguileth from the remembrance of Allah and constancy in prayer and paying to the poor their due; who fear a day when hearts and eyeballs will be overturned” (Quran 24:37)[/CENTER][/B] From the above verses, it is evident, that the Quran regulates with specific injunctions, the virtues of all Muslims, when they come in giving charity to the poor. Thus honesty and truthfulness demand that a person should act unselfishly. Unfortunately, the accumulation of worldly riches for one’s own benefit is a common practice, often leading people to succumb to dishonest temptations. In order for honest charity to be effective it has to be genuine, and not a mere act of expediency resulting from fear or injury or a mere showoff of wealth. Charity must also be a habit of mind, rather than something practiced as a result of a need or something to show off ones wealth. Since charity is purely for the sake of God, it has value only if something good and valuable is given. It should be lawfully earned or acquired by the giver. It should include such things as are of use and value to others. Charity is, in the words of the Prophet, to place a thing in the palm of God. |
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