The concept of sovereignty is one
of the most complex in political science, with many definitions, some totally
contradictory. Usually, sovereignty is defined in one of two ways. The first definition applies to Supreme public power; the second definition refers to the holder of legitimate power. When national sovereignty is discussed, the first
definition applies, and it refers in particular to independence, understood as
the freedom of a collective entity to act. When popular sovereignty is
discussed, the second definition applies, and sovereignty is associated with
power and legitimacy.
The word sovereignty is derived from the Latin word ‘Superanus’ which
means the supremacy of one over the other. According to Islam, sovereignty over
the entire universe belongs to Allah and Allah alone.
The Quran explicitly describes God as Al-Malik meaning
sovereign and Al-Malik-ul-Mulk the eternal possessor of sovereignty.
However
in western thought, sovereignty belongs to a person or a group of people but for that existence of a state is mandatory. This concept of sovereignty is not validated in an
Islamic society. Whatever is between land and sky belongs to and under the
authority of Allah alone. Human beings are sent as khalifa to earth
and among them there is a leader who acts as the custodian of rights of powers
offered by Allah on him. Therefore he cannot do anything according to his will
and go beyond the limits imposed by Allah. Quran says:
“To Allah belongs
the sovereignty of the heavens and the earth.” (42: 48)
“It is He who gives life and death and he has power over all things.” (42: 48)
“He is the first and the last the Evident and the Immanent” (47: 3)
“It is He who gives life and death and he has power over all things.” (42: 48)
“He is the first and the last the Evident and the Immanent” (47: 3)
From
the above Verses it is clear that the concept of sovereignty is universal,
absolute, indivisible and inalienable. Allah (SWT) the sovereign is the primary
law-giver. He delegates his authority for administering justice and peace to
His agents such as the Islamic state and the khalifa. They only enjoy marginal
autonomy necessary to implement and enforce the laws of their sovereign. The
attributes of Allah’s sovereignty are also visible in his names for
e.g. Al-Wahab (The granter),Al-Ahad (Only
One), Al-Qadian (The Eternal) and so on.
As per the Islamic and Quranic teachings the
ultimate and absolute sovereignty is vested in Allah. His sovereignty was
handed down to the Holy Prophet (SAW) in the form of manifested sovereignty
(for the purpose of implementing it in social and political life of a society).But
this concept is entirely different from the western. According to the western
concept sovereignty belongs to the state and sovereign is some determinate
human being with unlimited powers. Willoughby
says “If a human superior not in the habit of obedience to a like superior
receive habitual obedience from the bulk of a given society.”
Islamic theory
of sovereignty is radically different from the western theories
of sovereignty. It is derived from the Quran and Sunnah, which are its
basic sources. Islam teaches that the sovereignty belongs to Allah
alone and no human being can be the lord of other human beings.
The Quran emphatically reiterates that sovereignty belongs to Allah alone. This principle obliterates the possibility of human dictatorship, absolute monarchy or autocracy in an Islamic state.
The modern concept of human sovereignty is completely alien to the political philosophy of Islam. "It is only for Allah to Command" and "to Allah belong the dominion of the Heavens and Earth" proclaims the Holy Quran.
This is repeated often in the Holy Quran "To Allah alone be longest the dominion of the Heavens and the earth and all that lies in between" "Knows thou not that Allah have power over all things."
Next to Allah, sovereign power resides in the people as in respect of Adam. Allah announced to the angels that He is going to create a Khalifa on earth. This introduces the concept of Neabat-e-Ilahi, from this flow the following consequences:-
a. That next to Allah, the sovereign power resides in the people.
b. That all are equal before law.
The Quran emphatically reiterates that sovereignty belongs to Allah alone. This principle obliterates the possibility of human dictatorship, absolute monarchy or autocracy in an Islamic state.
The modern concept of human sovereignty is completely alien to the political philosophy of Islam. "It is only for Allah to Command" and "to Allah belong the dominion of the Heavens and Earth" proclaims the Holy Quran.
This is repeated often in the Holy Quran "To Allah alone be longest the dominion of the Heavens and the earth and all that lies in between" "Knows thou not that Allah have power over all things."
Next to Allah, sovereign power resides in the people as in respect of Adam. Allah announced to the angels that He is going to create a Khalifa on earth. This introduces the concept of Neabat-e-Ilahi, from this flow the following consequences:-
a. That next to Allah, the sovereign power resides in the people.
b. That all are equal before law.
c. That the exercise of power is
a trust.
d. That power has to be exercised
in accordance with the commandments of Allah and in His name.
e. That every one vested with
power is accountable for his action.
f. That no one is above the law
and no one, not even his Khalifa, enjoys any immunity.
The concept of sovereignty in Islam, like all other concepts, pervades the whole life of man, and consequences flow from such a phenomenon which we cannot see at first sight.
The Qur’an, in its following Verses, highlights the concept of God’s Sovereignty and command:
1 Know you not that it is Allah to whom belongs the dominion of the heavens and the earth? And besides Allah you have neither any Walee (protector or guardian) nor any helper. AL–Baqarah: 107
The concept of sovereignty in Islam, like all other concepts, pervades the whole life of man, and consequences flow from such a phenomenon which we cannot see at first sight.
The Qur’an, in its following Verses, highlights the concept of God’s Sovereignty and command:
1 Know you not that it is Allah to whom belongs the dominion of the heavens and the earth? And besides Allah you have neither any Walee (protector or guardian) nor any helper. AL–Baqarah: 107
2. Say (O Muhammad
SAW): "O Allah! Possessor of the kingdom, You give the kingdom to whom You
will, and You take the kingdom from whom You will, and You endue with honour
whom You will, and You humiliate whom You will. In Your Hand is the good.
Verily,You are Able to do all things. Al–Imran: 26
3. Know you not
that to Allah (Alone) belongs the dominion of the heavens and the earth! He
punishes whom He wills and He forgives whom He wills. And Allah is Able to do
all things.:
AL–Ma’idah: 40
4. Verily, Allah!
Unto Him belongs the dominion of the heavens and the earth, He gives life and
He causes death. And besides Allah you have neither any Walee (protector or
guardian) nor any helper.:
At–Taubah: 116
5. And let not
their speech grieve you (O Muhammad SAW), for all power and honour belong to
Allah. He is the All-Hearer, the All-Knower.: Yunus: 65
6. Now
Allah be exalted, the true King! There is no God save Him, the Lord of the
Throne of Grace. Al–Mu’minun: 116
7. He unto Whom
belongeth the sovereignty of the heavens and the earth, He hath chosen no son
nor hath He any partner in the sovereignty. He hath created everything and hath
meted out for it a measure.––25: Al–Furqan: 2
8. And He is
Allah; there is no God save Him. His is all praise in the former and the latter
(state), and His is the command, and unto Him ye will be brought back.––28:
Al–Qasas: 70
9. Whoso desireth
power (should know that) all power belongeth to Allah.––35: Al–Fatir: 10
10. Unto Allah belongeth the
sovereignty of the heavens and the earth. He createth what He will. He
bestoweth female (off-spring) upon whom He will, and bestoweth male (offspring)
upon whom He will;– Ash–Shura: 49
11. And He it is Who in the heaven
is God, and in the earth God, He is the Wise, the Knower. And blessed be He
unto Whom belong to the Sovereignty of
the heavens and the earth and all that is between them, and with Whom is
knowledge of the Hour, and unto Whom ye will be returned.: Az–Zukhruf: 84-85
12. He is Allah, than whom there is
no other God, the Sovereign Lord, the Holy One, Peace, the Keeper of Faith, the
Guardian, the Majestic, the Compeller, and the Superb. Glorified be Allah from
all that they ascribe as partner (unto Him)!: Al–Hashr: 23
13. Say: I seek refuge in the Lord
of mankind, The King of mankind, The God of mankind, From the evil of the
sneaking whisperer,––114: An–Nas: 1-4
However, if we look at the Islamic precepts of conduct from the purely mundane point of view, we would come to the conclusion that one of the greatest revolutions, Islam created in the human way of thinking was that of the absolute and unconditional unity of God, and in this is couched the conception of centralization in action.
Justice Hamood Ur Rehman maintains that the Islamic conception of the sovereignty of God is perfectly straight forward and understandable.
There is only one focus of sovereign power and that is undoubtedly the Almighty Allah.
The Quran is absolutely clear with regard to the sovereignty of God. There are number of verses interspersed, throughout in the book in which the sovereignty of God is emphasized.
There is, no doubt, that according to the Quranic dispensation, the totality of power and authority belongs to God and Him alone. This is but natural, for it is He who is the Creator of the immutable laws of nature on which the whole of the Islamic structure has been built up. He knows no fickleness which is a part of man's very nature. The belief in the sovereignty of Allah is the foundation of the social and moral system propounded by the Prophets.
No one is allowed to pass orders or make commands in own rights and no one is supposed to accept the obligation to carry out such commands and obey such orders. None is entitled to make laws on his own authority and none is obliged to abide by them. The right exclusively vests in Allah, the Almighty.
"The Authority rests with none but Allah. He commands you not to surrender to any one save him. This is the right way (of life)". They say "Have we also got some authority?" Say: "All authority belongs to Allah alone".
"Do not say wrongly with your tongues that this is lawful and that is unlawful whosoever does not establish and decide by that which Allah has revealed, such are disbelievers".
Conclusion:
Sovereignty is the basic concept of political thought which is universally recognized by political scientists of modern age.
Sovereignty is an indivisible, inalienable and unpunishable; and sovereignty in Islam extends to spiritual as will and as secular affairs. According to the Quran, absolute and totality of power and authority belongs to God and Him only.
God says in the Quran: “It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error”. (Q33:36)
Say, “O Allah , Owner of Sovereignty, You give sovereignty to whom You will and You take sovereignty away from whom You will. You honor whom You will and You humble whom You will. In Your hand is [all] good. Indeed, You are over all things competent.(Surat ‘Ali Imran 3:26)
However, if we look at the Islamic precepts of conduct from the purely mundane point of view, we would come to the conclusion that one of the greatest revolutions, Islam created in the human way of thinking was that of the absolute and unconditional unity of God, and in this is couched the conception of centralization in action.
Justice Hamood Ur Rehman maintains that the Islamic conception of the sovereignty of God is perfectly straight forward and understandable.
There is only one focus of sovereign power and that is undoubtedly the Almighty Allah.
The Quran is absolutely clear with regard to the sovereignty of God. There are number of verses interspersed, throughout in the book in which the sovereignty of God is emphasized.
There is, no doubt, that according to the Quranic dispensation, the totality of power and authority belongs to God and Him alone. This is but natural, for it is He who is the Creator of the immutable laws of nature on which the whole of the Islamic structure has been built up. He knows no fickleness which is a part of man's very nature. The belief in the sovereignty of Allah is the foundation of the social and moral system propounded by the Prophets.
No one is allowed to pass orders or make commands in own rights and no one is supposed to accept the obligation to carry out such commands and obey such orders. None is entitled to make laws on his own authority and none is obliged to abide by them. The right exclusively vests in Allah, the Almighty.
"The Authority rests with none but Allah. He commands you not to surrender to any one save him. This is the right way (of life)". They say "Have we also got some authority?" Say: "All authority belongs to Allah alone".
"Do not say wrongly with your tongues that this is lawful and that is unlawful whosoever does not establish and decide by that which Allah has revealed, such are disbelievers".
Conclusion:
Sovereignty is the basic concept of political thought which is universally recognized by political scientists of modern age.
Sovereignty is an indivisible, inalienable and unpunishable; and sovereignty in Islam extends to spiritual as will and as secular affairs. According to the Quran, absolute and totality of power and authority belongs to God and Him only.
God says in the Quran: “It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error”. (Q33:36)
Say, “O Allah , Owner of Sovereignty, You give sovereignty to whom You will and You take sovereignty away from whom You will. You honor whom You will and You humble whom You will. In Your hand is [all] good. Indeed, You are over all things competent.(Surat ‘Ali Imran 3:26)
The Definition of Sovereignty
Sovereignty by simple definition for better understanding, it is the Supreme power or Will or Authority of an individual which is unquestionable and obeyed by the bulk of people as laid down by his laws.
Muslim experts’ theory of Sovereignty:
Sovereignty is an internal quality that we all understand. It is what we know by presence or consciousness. To conceptualize it, we can use the expression: "The agent may or may not act". There is no necessity to act or not to act.
Sovereignty is similar to any of necessity and contingency from one aspect and different from each from the other. Sovereignty similar to necessity in being is rationally enough to justify the existence of a contingent being and leaving no need to look for something else. The difference between sovereignty and necessity is that with necessity an act loses its equal relations to existence and non-existence and necessity of existence takes its place, while with sovereignty the contingency remains the same. Necessity consists in the fact that the agent has to act or not to act, but sovereignty means that the agent may or may not act.
Sovereignty is similar to contingency in preserving the equal relations of the contingent to both existence and non-existence, but sovereignty is different from contingency in being rationally enough to justify the existence of a contingent being while with contingency the question remains why it must come into existence.
Having known that the sovereignty of the agent may substitute necessity and suffice the existence of a voluntary act which is the question at issue, reflection on our conscience and the way voluntary acts are issued from us shows clearly that the relation between us and our voluntary acts is one of sovereignty and not necessity. We as voluntary agents find that we have sovereignty upon our acts. We clearly understand the fact that even in circumstances in which all prerequisites and conditions of a voluntary act exist, it is not necessary to act. What we find deep in ourselves is this sovereignty upon our acts. It is up to us to act or not act and we are not compelled to do so.
In what follows, we will briefly present The Theory of Sovereignty and then will focus on the Islamic Ideology on the Topic.
Man as a case study:
This argument is based on two thoughts, laws that both can be affirmed after a short reflection:
First Law: Will (iradah) of the free agent itself is not voluntary. Reflecting on the process of decision-making inside ourselves, we realize that after conceiving the act and affirming its benefit our will automatically comes into existence. Will is an inevitable outcome of conceiving the act and affirming its benefit and indeed all those qualities that belong to the soul such as Will, conception and affirmation are not voluntary
In respect to God, it can be demonstrated that His will is not voluntary, because his essence is simple and free from any attributes accidental and additional to it. Therefore, “Will” cannot be accidental to His essence, since it is in conflict with the simplicity of the essence. Will of God is identical with His essence and this implies that the Divine will is essential and it is self-evident that essential attributes are not voluntary.
Second Law: Human soul has complete sovereignty and authority upon its voluntary acts. In other words, man always feels very clearly that he has complete power to make his decisions regarding his voluntary acts.
Surely, the soul has complete effect and authority on muscles without facing any obstacle in exercising its sovereignty.
Hence there must be something between the will (iradah) and act. This element is called "ikhtiyar". Ikhtiyar is an act of soul that takes place after the formation of iradah (Will) and its prerequisites. Also in another view ikhtiyar (or talab), Ikhtiyar is not caused by the will; it is originated from the essence of the soul and another view believes that there is no necessary relation between ikhtiyar and the soul. Human soul in making ikhtiyar just needs some preponderating factor. For this it would suffice that the agent purses an end or goal in the act.
Sovereignty by simple definition for better understanding, it is the Supreme power or Will or Authority of an individual which is unquestionable and obeyed by the bulk of people as laid down by his laws.
Muslim experts’ theory of Sovereignty:
Sovereignty is an internal quality that we all understand. It is what we know by presence or consciousness. To conceptualize it, we can use the expression: "The agent may or may not act". There is no necessity to act or not to act.
Sovereignty is similar to any of necessity and contingency from one aspect and different from each from the other. Sovereignty similar to necessity in being is rationally enough to justify the existence of a contingent being and leaving no need to look for something else. The difference between sovereignty and necessity is that with necessity an act loses its equal relations to existence and non-existence and necessity of existence takes its place, while with sovereignty the contingency remains the same. Necessity consists in the fact that the agent has to act or not to act, but sovereignty means that the agent may or may not act.
Sovereignty is similar to contingency in preserving the equal relations of the contingent to both existence and non-existence, but sovereignty is different from contingency in being rationally enough to justify the existence of a contingent being while with contingency the question remains why it must come into existence.
Having known that the sovereignty of the agent may substitute necessity and suffice the existence of a voluntary act which is the question at issue, reflection on our conscience and the way voluntary acts are issued from us shows clearly that the relation between us and our voluntary acts is one of sovereignty and not necessity. We as voluntary agents find that we have sovereignty upon our acts. We clearly understand the fact that even in circumstances in which all prerequisites and conditions of a voluntary act exist, it is not necessary to act. What we find deep in ourselves is this sovereignty upon our acts. It is up to us to act or not act and we are not compelled to do so.
In what follows, we will briefly present The Theory of Sovereignty and then will focus on the Islamic Ideology on the Topic.
Man as a case study:
This argument is based on two thoughts, laws that both can be affirmed after a short reflection:
First Law: Will (iradah) of the free agent itself is not voluntary. Reflecting on the process of decision-making inside ourselves, we realize that after conceiving the act and affirming its benefit our will automatically comes into existence. Will is an inevitable outcome of conceiving the act and affirming its benefit and indeed all those qualities that belong to the soul such as Will, conception and affirmation are not voluntary
In respect to God, it can be demonstrated that His will is not voluntary, because his essence is simple and free from any attributes accidental and additional to it. Therefore, “Will” cannot be accidental to His essence, since it is in conflict with the simplicity of the essence. Will of God is identical with His essence and this implies that the Divine will is essential and it is self-evident that essential attributes are not voluntary.
Second Law: Human soul has complete sovereignty and authority upon its voluntary acts. In other words, man always feels very clearly that he has complete power to make his decisions regarding his voluntary acts.
Surely, the soul has complete effect and authority on muscles without facing any obstacle in exercising its sovereignty.
Hence there must be something between the will (iradah) and act. This element is called "ikhtiyar". Ikhtiyar is an act of soul that takes place after the formation of iradah (Will) and its prerequisites. Also in another view ikhtiyar (or talab), Ikhtiyar is not caused by the will; it is originated from the essence of the soul and another view believes that there is no necessary relation between ikhtiyar and the soul. Human soul in making ikhtiyar just needs some preponderating factor. For this it would suffice that the agent purses an end or goal in the act.
To develop this theory of sovereignty first we must
acknowledge some premises:
First premise- Equal relation of act to existence and non-existence is a clear fact that no intuition or argument can disprove it. Every one of us clearly feels that after the completion of all prerequisites he still may or may not act. This is something that we understand clearly by our conscience and no argument can bring it into question.
Second premise- Necessity of prerequisites of an act leads to denial of free will and philosophers’ answers are not able to solve the problem. Their answers are just some linguistic rationalizations (such as saying that ikhtiyar means the agent’s consent or that the voluntary agent is the one that acts whenever he is willing and does not act whenever he is willing to do so) that cannot solve the conflict between reality of necessity and reality of ikhtiyar.
Third premise - The principle of causality is not demonstrated. So it cannot be said that it cannot have any exception, because it is rationally proved. This principle is indeed an intuitive and evident principle. To find the scope and extent of it we have to investigate its origins in our conscience
Based on the above premises, arguments arises that; rationally any contingent being to come into existence needs an external factor. This factor can be either a cause that necessitate its existence or a voluntary agent that makes the act by his sovereignty. Having such an agent besides the act does rationally justify its existence. It is certain that the essential contingency does not suffice the existence of something. However, there might be something other than necessity that can preponderate the existence of a contingent being such as sovereignty.
Western versus Islamic Sovereignty:
Islamic theory of Sovereignty is radically different from the western theories of Sovereignty. It is derived from pure; Quran and Sunnah, which are its basic sources.
There is a general consensus among Islamic scholars and Muslim laymen that Islam places sovereignty in God. The Quran explicitly describes God as Al-Malik meaning sovereign and Al-Malik-ul-Mulk the eternal possessor of sovereignty. These two adjectives are also among the ninety nine names of God. The Quran (51:58) also makes it clear beyond any doubt that all power lies in God; who is Al-Muqtadir (possessor of all power). Various Muslim political thinkers like Maulana Maududi, Syed Qutb, Ayatollah Khomeini and Ali Shariati have argued that the basic distinction between Western polity and Islamic polity is that while the former places sovereignty in either the state or in Man through the notion of popular sovereignty, the latter places it absolutely in God. Thus a simple explanation of the Islamic polity would be that God is sovereign and he is the source of all legislation in the form Al-Quran.
Sovereignty in Islam as Human Agency:
The Islamic state will base its precepts on Islamic law and constitution, the Shari’ah, which is derived from the Quran and Hadith. The Khalifah, vicegerent will rule on behalf of God and his endeavor shall be to implement and enforce the Shari’ah. The Quran repeatedly emphasizes the unity of the sovereign and Tauheed, oneness or unity of God is the most important article of faith in Islam. The denial of this unity is the greatest conceivable violation of Islamic precepts (Quran, 2:163, 6:19, 16:22, 23:91-92, 37:1-5, 38:65-68, 112:1-4). The sovereign by definition is universal as the Muslim community is seen as one Ummah (people) which are united under one sovereign by virtue of their faith and submission to the will of God. The word Islam means complete submission to God in the similar sense that the English philosopher Thomas Hobbes visualized the complete surrender of power by the individual to the state. The Islamic concept of submission is more powerful in that it subordinates human will to the will and law of God unconditionally. It is an ontological requirement and not a condition of any contract.
Thus to state succinctly, the Quranic concept of sovereignty is universal, that is non territorial, transcendental, meaning beyond human agency, indivisible, inalienable and truly absolute. God the sovereign is the primary law-giver while agents such as the Islamic state and the Khalifah enjoy marginal autonomy necessary to implement and enforce the laws of their sovereign. Man, as God's Khalifah on earth (vicegerent) is not only the primary agent of the sovereign but also enjoys a margin of autonomy. This margin of autonomy by virtue of vicegerency is the Islamic equivalent of popular sovereignty.
At a basic theoretical level the difference between the modern conception and Islamic conception of sovereignty is clear. The operational implications on closer examination seem to blur the distinction. The agency or political action remains within human jurisdiction in either case. So which ever institution (form of government) is vested with the agency to act it either follows the Shari’ah (in the Islamic case) or the constitution in modern states. While constitutions can be amended the Quran is eternal, but it is open to different interpretations based on ijtihad or independent reasoning.
Maulana Maududi conceived of the term Al-hakimiya, a derivative of an Arabic word that means "to govern'". He introduced it in his work Al-Mustalahat al-Arba'a fi'l-Quran. The term Al-hakimiya has been used by Islamic political thinkers ever since to mean sovereignty. He argued that according to Islam, sovereignty belonged to God. He alone was the law-giver and that believers could neither resort to totally independent legislation, nor could they modify any law laid down by God. He saw the Islamic state as a political agency set up to enforce the laws of God. Herein lies the cardinal difference between the modern and Islamic conceptions. While modernity made the state a repository of sovereignty, in Islam the state was merely an agency of the sovereign. Thus the Islamic state is conceptually weaker than the modern state. Maududi also recognized the vicegerency of man and explained that each believer was a repository of the Khalifah (vicegerency). The Quran makes this explicitly clear (45:12, 13). Maududi's understanding of the Khalifah of Man is definitely in the popular sense but he does not explain it in conjunction with sovereignty.
Thus sovereignty lies in God, state is an agency of the sovereign and every believer is God's vicegerent on Earth. This however means that both the state and believers can legitimately act on behalf of the sovereign. Thus in Maududi's interpretation the sovereign has created dual agency in the Islamic state and the Khalifah, creating a balance or division of power between state and society. This mechanism can help ensure that both state and society follow the straight path.
The rise of political Islam has made the concept of Islamic sovereignty central to Islamic political theory and often it is presented as a barrier to any form of democracy. Democracies are seen as system where human whim is the source of law where as Islamic principles are transcendental and cannot be undermined by popular whim. Unfortunately, what many of the Islamists fail to understand is that democratic institutions are not just about law. They are also about prevention of tyranny by the state. Regardless of where sovereignty is placed theoretically, in practice it is the state which exercises it in their world and not God or his angels.
These Islamists also fail to see that Muslims actually enjoy greater autonomy than even the citizens of a democracy like the US. It is nearly impossible to change or alter the American constitution. It would require an enormous amount of consensus in the society to make even a minor change. However, Islamic scholars have enjoyed a great deal of freedom, both politically and traditionally, to reinterpret the Quran and Islamic principles. While in the US people with different understanding of the constitution are not free to act legally according to their own interpretation, Muslims have done precisely that and legitimately. The presence of the various madhahib is a concrete proof that a constitution/Shari’ah can be interpreted differently and practiced.
Sovereignty is a complex concept and any attempt to simplify it can only cause problems. Nevertheless, Muslims must understand that while sovereignty belongs to God it has already been delegated in the form of human agency (Quran 2:30). The political task at the moment is not to indulge in rhetoric that merely emphasizes this point, but to reflect on how this God given agency can be best employed in creating a society that will bring welfare and goodness to people in the here and in the hereafter.
Muslims as individuals and as an Ummah cannot be held accountable for what they do unless they have the freedom/agency/sovereignty to do as they please. The discretion and the judgement with which Muslims apply the given law not just to apply it but to achieve its maqasid (purpose) constitute human sovereignty. The day of judgment is the natural consequence of human sovereignty, there cannot be one without the other. Therefore we must remember that the freedom to act, human agency is the most precious of gifts. But it will have to be accounted for in full. So while we recognize the God’s sovereign in all affairs, he has exercised his sovereignty in delegating some of it in the form of human agency. Having said that I must also add that God alone is sovereign cannot become an excuse for installing and legitimizing governments which are not accountable and responsible to their citizens.
First premise- Equal relation of act to existence and non-existence is a clear fact that no intuition or argument can disprove it. Every one of us clearly feels that after the completion of all prerequisites he still may or may not act. This is something that we understand clearly by our conscience and no argument can bring it into question.
Second premise- Necessity of prerequisites of an act leads to denial of free will and philosophers’ answers are not able to solve the problem. Their answers are just some linguistic rationalizations (such as saying that ikhtiyar means the agent’s consent or that the voluntary agent is the one that acts whenever he is willing and does not act whenever he is willing to do so) that cannot solve the conflict between reality of necessity and reality of ikhtiyar.
Third premise - The principle of causality is not demonstrated. So it cannot be said that it cannot have any exception, because it is rationally proved. This principle is indeed an intuitive and evident principle. To find the scope and extent of it we have to investigate its origins in our conscience
Based on the above premises, arguments arises that; rationally any contingent being to come into existence needs an external factor. This factor can be either a cause that necessitate its existence or a voluntary agent that makes the act by his sovereignty. Having such an agent besides the act does rationally justify its existence. It is certain that the essential contingency does not suffice the existence of something. However, there might be something other than necessity that can preponderate the existence of a contingent being such as sovereignty.
Western versus Islamic Sovereignty:
Islamic theory of Sovereignty is radically different from the western theories of Sovereignty. It is derived from pure; Quran and Sunnah, which are its basic sources.
There is a general consensus among Islamic scholars and Muslim laymen that Islam places sovereignty in God. The Quran explicitly describes God as Al-Malik meaning sovereign and Al-Malik-ul-Mulk the eternal possessor of sovereignty. These two adjectives are also among the ninety nine names of God. The Quran (51:58) also makes it clear beyond any doubt that all power lies in God; who is Al-Muqtadir (possessor of all power). Various Muslim political thinkers like Maulana Maududi, Syed Qutb, Ayatollah Khomeini and Ali Shariati have argued that the basic distinction between Western polity and Islamic polity is that while the former places sovereignty in either the state or in Man through the notion of popular sovereignty, the latter places it absolutely in God. Thus a simple explanation of the Islamic polity would be that God is sovereign and he is the source of all legislation in the form Al-Quran.
Sovereignty in Islam as Human Agency:
The Islamic state will base its precepts on Islamic law and constitution, the Shari’ah, which is derived from the Quran and Hadith. The Khalifah, vicegerent will rule on behalf of God and his endeavor shall be to implement and enforce the Shari’ah. The Quran repeatedly emphasizes the unity of the sovereign and Tauheed, oneness or unity of God is the most important article of faith in Islam. The denial of this unity is the greatest conceivable violation of Islamic precepts (Quran, 2:163, 6:19, 16:22, 23:91-92, 37:1-5, 38:65-68, 112:1-4). The sovereign by definition is universal as the Muslim community is seen as one Ummah (people) which are united under one sovereign by virtue of their faith and submission to the will of God. The word Islam means complete submission to God in the similar sense that the English philosopher Thomas Hobbes visualized the complete surrender of power by the individual to the state. The Islamic concept of submission is more powerful in that it subordinates human will to the will and law of God unconditionally. It is an ontological requirement and not a condition of any contract.
Thus to state succinctly, the Quranic concept of sovereignty is universal, that is non territorial, transcendental, meaning beyond human agency, indivisible, inalienable and truly absolute. God the sovereign is the primary law-giver while agents such as the Islamic state and the Khalifah enjoy marginal autonomy necessary to implement and enforce the laws of their sovereign. Man, as God's Khalifah on earth (vicegerent) is not only the primary agent of the sovereign but also enjoys a margin of autonomy. This margin of autonomy by virtue of vicegerency is the Islamic equivalent of popular sovereignty.
At a basic theoretical level the difference between the modern conception and Islamic conception of sovereignty is clear. The operational implications on closer examination seem to blur the distinction. The agency or political action remains within human jurisdiction in either case. So which ever institution (form of government) is vested with the agency to act it either follows the Shari’ah (in the Islamic case) or the constitution in modern states. While constitutions can be amended the Quran is eternal, but it is open to different interpretations based on ijtihad or independent reasoning.
Maulana Maududi conceived of the term Al-hakimiya, a derivative of an Arabic word that means "to govern'". He introduced it in his work Al-Mustalahat al-Arba'a fi'l-Quran. The term Al-hakimiya has been used by Islamic political thinkers ever since to mean sovereignty. He argued that according to Islam, sovereignty belonged to God. He alone was the law-giver and that believers could neither resort to totally independent legislation, nor could they modify any law laid down by God. He saw the Islamic state as a political agency set up to enforce the laws of God. Herein lies the cardinal difference between the modern and Islamic conceptions. While modernity made the state a repository of sovereignty, in Islam the state was merely an agency of the sovereign. Thus the Islamic state is conceptually weaker than the modern state. Maududi also recognized the vicegerency of man and explained that each believer was a repository of the Khalifah (vicegerency). The Quran makes this explicitly clear (45:12, 13). Maududi's understanding of the Khalifah of Man is definitely in the popular sense but he does not explain it in conjunction with sovereignty.
Thus sovereignty lies in God, state is an agency of the sovereign and every believer is God's vicegerent on Earth. This however means that both the state and believers can legitimately act on behalf of the sovereign. Thus in Maududi's interpretation the sovereign has created dual agency in the Islamic state and the Khalifah, creating a balance or division of power between state and society. This mechanism can help ensure that both state and society follow the straight path.
The rise of political Islam has made the concept of Islamic sovereignty central to Islamic political theory and often it is presented as a barrier to any form of democracy. Democracies are seen as system where human whim is the source of law where as Islamic principles are transcendental and cannot be undermined by popular whim. Unfortunately, what many of the Islamists fail to understand is that democratic institutions are not just about law. They are also about prevention of tyranny by the state. Regardless of where sovereignty is placed theoretically, in practice it is the state which exercises it in their world and not God or his angels.
These Islamists also fail to see that Muslims actually enjoy greater autonomy than even the citizens of a democracy like the US. It is nearly impossible to change or alter the American constitution. It would require an enormous amount of consensus in the society to make even a minor change. However, Islamic scholars have enjoyed a great deal of freedom, both politically and traditionally, to reinterpret the Quran and Islamic principles. While in the US people with different understanding of the constitution are not free to act legally according to their own interpretation, Muslims have done precisely that and legitimately. The presence of the various madhahib is a concrete proof that a constitution/Shari’ah can be interpreted differently and practiced.
Sovereignty is a complex concept and any attempt to simplify it can only cause problems. Nevertheless, Muslims must understand that while sovereignty belongs to God it has already been delegated in the form of human agency (Quran 2:30). The political task at the moment is not to indulge in rhetoric that merely emphasizes this point, but to reflect on how this God given agency can be best employed in creating a society that will bring welfare and goodness to people in the here and in the hereafter.
Muslims as individuals and as an Ummah cannot be held accountable for what they do unless they have the freedom/agency/sovereignty to do as they please. The discretion and the judgement with which Muslims apply the given law not just to apply it but to achieve its maqasid (purpose) constitute human sovereignty. The day of judgment is the natural consequence of human sovereignty, there cannot be one without the other. Therefore we must remember that the freedom to act, human agency is the most precious of gifts. But it will have to be accounted for in full. So while we recognize the God’s sovereign in all affairs, he has exercised his sovereignty in delegating some of it in the form of human agency. Having said that I must also add that God alone is sovereign cannot become an excuse for installing and legitimizing governments which are not accountable and responsible to their citizens.
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Mahbub Ratul
Jagannath University
Jagannath University
8th BAtch
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Very helpful. Applaud
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