In order to conduct the affairs of the state, there shall be an administrative centre and under
this centre there shall be legally authorised officers. Because a system like this was first
organised by the Rasoole, thus the term 'Allah and Rasool' has been used for it in the Quran,
which means Divine organisation put in to practice by the Rasoole. Thus the obedience to
'Allah and the Rasool' meant the obedience to the Centre of this Divine System. Under
command of this Centre were the officers Ulil Amr authorised to take decision according to
the Law. An appeal against the cases decided by these authorised officers was permissible,
but the decisions made by the Centre used to be final. It is said in Surah An-Nisa; (4:59)
"O you who believe! Obey the system established by the Rasool in accordance with the Laws
of Allah; and obey the local authorities appointed by this Order. In cases of disputes with the
local authorities an appeal can be made to the Central Authority. This will constitute evidence
that you really believe in Allah and His Law of Requital (life Hereafter). This is the best and
the most suitable practice _ to obtain, ultimately, a balanced society". The same system
continued after the death of the Rasool and the successive caliphs became the Central
Authority and the obedience to a caliph became synonymous with obedience to 'Allah and the
Rasool'. As and when that system is re-established, the obedience to its Central Authority
shall constitute obedience to 'Allah and His Rasool'. The entire responsibility of the state
affairs shall lie in the Centre, which shall be subservient to the Quran and answerable to the
Ummah.
THE DECISIVE WORD.
According to the Quran, obedience belongs to the Divine Laws and an Islamic Government is
an agency to put these laws into action. Thus any decision by the government which goes
against the Quran, its obedience shall not remain mandatory: (18:28)
It Is the command of Allah Himself: "Do not obey any such person whose heart has become
neglectful to Our laws, one who follows his own desires and whose case has gone beyond all
bounds". Such could not have happened during the time of the Rasoole, but there is a
possibility of such an occasion arising after him. Thus it ought to be so arranged that if any
one in the society thinks that such and such a decision made by the government goes against
the Quran, he may be able to get a decision from another authority. Such an authority could
only be the Judiciary. Thus the decision made by the Supreme Court ought to be considered as
final in such cases and none shall be allowed to disobey the decision. If such an occasion does
arise, the decision by the Judiciary shall have to be accepted as the decision by "Allah and His
Rasool" (Centre of the System) about which the Divine Command is: (33:36)
"It behoves not a believer, man or woman, that when a matter has been decided by Allah and
His Rasool (the final authority of the Divine System) to exercise a choice in the matter.
Anyone who disobeys Allah and His Rasool, has forsaken the straight path and is clearly on
the wrong path."
Often it is said that in such a situation the Sovereign Authority shall rest with the Judiciary
instead of the government or the constituent assembly. But as has been explained earlier, the
final authority actually rests with the Book of Allah and none else. In disputed matters the
judiciary shall only explain what is the decision of the Quran.